The reg5Btrati©n of this work ha« 
not been possible. The twe copies 
are therefore paeso4 to the Orier Di- 
vision for filing on the shelves of 
the Library of Congress, 




Glass JJlz3pL 



"""'""■"■" llplfcj 



CYCLOPEDIA 



OF 



REAL ESTATE 



AND 



INSURANCE 

(Instruction in Real Estate and Fire Insurance) 



(revised edition) 

BY 
LOUIS RICHARD MORRIS 



New York City 

MORRIS -PIERCE CO. 

175 Lexington Ave. 

1909 



<v^ 



..^^ 



^^^ 



Copyright, 1907, by L. R. Morris 
Copyright, 1909, by L. R. Morris 






FEB - tr 



^ INTRODUCTION. 

This book will prove itself to be of great 
value to general business men, real estate ow^ners, 
tenants and brokers. 

The information given as to agreements, 
contracts, advertising, arbitration, power of attor- 
ney, insurance, notaries, justice of the peace, land- 
lord and tenant, leases, mortgages, deeds, office 
systems, etc., is indespensable. It also contains 
the statute laws, relative to real and personal 
property, and the special forms of deeds used in 
every state and territory in the United States and 
Canada. 

A few pages were designed to enable those 
who wish to become real estate brokers to start in 
the way, which experience has taught, will lead 
to the greatest success. 

Publishers. 



TABLE OF CONTENTS. 

Page 

Abstract of Title 5 

Ack^o^^■ledgment, General ii 

Advertising 145 

Agreement Form for Sale of Real Estate . 6 

Agreement for Building 25 

Agent 95 

Alabama 167 

Alaska 182 

Alberta 1032 

Appurtenances 34 

Appraising 122, 165 

Arbitration loi 

Arbitration, Form of Submission to 102 

Arbitration Bond • . 103 

Arbitrators, Form of Award of 104 

Arbitrators, Form of Revocation of 105 

Arbitrators, Form of Mutual Release of Award of . . 104 

Arizona 191 

Arkansas 207 

Assignments 143 

Attorney, Powxr of 143 

Attorney, Form of Power of 144 

Auctioneering 127 

Bills of Sale *. 84 

Bill of Sale Form 84 

British Columbia 938 

Broker 87, 95 

Business, Flow to Get 2, 157, 158, 160 

Business Chances 166 

California 220 

Chattels "JJ 

Chattel Mortgage Form "jy 

Commissions, Brokers 10 

5 



VI TABI.B OF CONTENTS. 

Page 

Co-Tenants . , oo 

Contracts 129 

Contracts, Assignment of 134 

Contracts, Damages for Breaking 136, 137 

Contracts, Informal 130 

Colorado 238 

Connecticut 256 

Deed, How to Draw up a 8 

Deed, Recording of .- 10 

Deed, Warranty, General Form 17 

Deed, Quit Claim 18 

Deed for Mining Right 20 

Deed for Mining 22 

Deed, Right of Way, Gas and Oil 23 

Deed, Right of Way Over Land 24 

Deed, Possession of , loi 

Delaware . 266 

District of Columbia 281 

Dower 53 

Documents, Production of 100 

Easements 54 

Equity 52 

Estate of Sufferance 52 

Estate in Joint Tenancy 52 

Estate in Common 52 

Estate of Courtesy 53 

Estate in Severalty 53 

Estate, Life 54 

Escrow 135 

Eviction , 41 

Exchange of Real Estate 79 

Exchange, Agreement Form 80 

Fee Simple 54 

Florida 294 

Freeholders 54 

Georgia 310 



TABLE OF CONTENTS. VII 

Page 

Idaho 323 

Illinois 336 

Insurance i, 59, 90, 120 

Interest 59 

incumbrances 106 

Indiana 350 

I ndian Territory 376 

Iowa 390 

Irrigation 109 

Justice of the Peace ; 15 

Kansas 406 

Kentucky 422 

Landlord and Tenant 27 

Landlord's Rights 28 

Landlord, Who may be 32 

Land Court Procedure 89 

Leases and Tenancy 27 

Leases, Parol or Oral 28, 36 

Lease, Who can and Wlio Cannot Make a 31 

Leased, What may be 34 

Lease, Term of - 35 

Lease, Implied Obligations 36 

Leases, When Must be in Writing 37 

Leases, Recording of 38 

Leases, Renewal of 39 

Lease, General Form 42 

Lease of Farm 43 

Lease, Mineral Form 46 

Lease, Oil and Gas Form 47 

Lease, Oil Form 49 

Lease, Assignment of Form 51 

Lessor and Lessee 154 

Lease, AVhat Constitutes a Valid 155 

Lease, Sub ' . . . 156 

Lease-holds 157 

Leases, How to Effect 161 



VIII TABI^K OF CONTKNTS. 

Page 

Louisiana 432 

Manitoba , 973 

Maps 4 

Maine 45 1 

Maryland 465 

Massachusetts 480 

Misdescription, Penalty for ,, 99 

Michigan 496 

Minnesota . 511 

Mississippi 531 

Missouri 542 

Mortgages 54, 121 

Mortgage, Recording of 60 

Mortgage, Purchase Money 60 

Mortgage, Assignment of 60, 76 

Mortgage, Assignment Form ... 76 

Mortgage, Release of Part of 61 

Mortgage, Release Form , 75 

Mortgage, Discharge of 61 

Mortgage Loans , 61 

Mortgages, Application for Loan on 66 

Mortgage, Form of First 6y 

Mortgage Note 70 

Mortgage, Form of Second 71 

Mortgage, Form of Chattel yy 

Montana 559 

Nebraska 575 

Nevada 59^ 

New Brunswick 95^ 

New Hampshire c 60 

New Jersey » 62c 

New Mexico 635 

New York 648 

North Carolina 664 

North Dakota ^ 677 

Notary Public 1 1 



TABI^K OF CONTENTS. IX 

Page 

Notary's Protest 12 

Notary's Notice of Protest • 14 

Notary Public, Hawaiian Islands 14 

Notary Public, Philippine Islands 14 

Notary Public, Porto Rico 15 

Notary Public, Military District 15 

Notary Public, Canada 15 

Notice to Quit 30 

Notice to Pay Rent or Vacate 30 

Notice Terminating Tenancy 31 

Office, Where to Open i 

Office Systems 118, 126 

Ohio . 694 

Oklahoma 712 

Ontario 992 

Options 81 

Options, General Form 81 

Option on Coal Lands 83 

Operator 95 

Oregon 724 

Ownership, Variations in 142 

Party-wall 106 

Party-wall, Agreement Form 107 

Pennsylvania 737 

Premises, Use of 38 

Property, Alanagement of « 163 

Quebec 1019 

Repairs 40 

Renting 86, 1 19, 138 

Real Estate 96 

Rhode Island 755 

Riparian Owners 109 

Sales, General Conditions of 100, 120 

Seisin 105 

Signs 151, 160 

South Carolina 769 



X TABI^E) OF CONTKNTS. 

Page 

South Dakota „ 786 

Saskatchewan 1032 

Taxes 59 

Tenant's Rights * 28 

Tenant's Right to Notice to Quit 29 

Tenant, Who may be 33 

Tenancies, Kinds of 34 

Tennessee 805 

Texas 817 

Title Conveyancing 5 

Utah 835 

Vermont 852 

Virginia 864 

Water and Watercourse no 

Water Right, Form of Notice of 112 

Water Right, Form of Priority of 114 

Water Course, Form of Deed of 116 

Washington 880 

West Virginia 893 

Wisconsin 9^7 

W^yoming 9^3 



Instruction in Real Estate 
and Fire Insurance 



INSTRUCTION IN REAL ESTATE 
AND FIRE INSURANCE 

CHAPTER I. 

SYSTEM. 
One of the first things necessary in starting into busi- 
ness is the adoption of some system which will enable you 
to keep track of all your business transactions. The card 
system is undoubtedly the one best suited to the Real Es- 
tate Broker. Have a box, with cards, for properties you 
have for sale ; one for mortgages ; one for property you 
have to let; one for investors and one for insurance. They 
are inexpensive, and can be bought at any stationer's. (See 
chapter on Office Systems.) 

HOW TO OPEN AN OFFICE. 

While many have their offices in their own homes in the 
beginning, it is well to have an office or desk-room in the 
business district, if possible. From that you can branch 
out as your business increases, taking suburban offices in 
growing localities where it is advisable to have a man on 
the ground to show property. 

Then it is advisable to take out Justice of the Peace and 
Notary Public papers. They give you the power to acknowl- 
edge drawing of deeds, protesting notes, etc., which will 
go a great way towards paying your running expenses. 
(See under Separate States.) 

HOW TO GET AN INSURANCE AGENCY. 
Any local insurance agency will give you a sub-agency, 
or you can take a full agency by applying to the Board o^ 



2 INSTRUCTION IN REAL ESTATE 

Fire Underwriters. This insurance agency means a good 
deal to a Real Estate Broker, as he comes in direct con- 
tact with owners and lessees of property and thereby has 
a good chance of getting their insurance business. It pays 
well and is practically no trouble. 

HOW TO GET CUSTOMERS. 
Have cards printed and distribute them on every possible 
occasion to your friends and others, as they are a good adver- 
tising medium and cost little. You can have a thousand 
printed, something like the following, at slight cost. 



MORTGACES 




INST R.VNCE 




HENRV 


A. 


PIERCK 




REA^I. 


ESTATE 


21 


MTI.Iv STREET 




BOSTOX, MASS. 



Watch the daily papers and advertisements closely. From 
them you will find out who is buying and selling Real Estate. 
The buyer may have more money to invest and the seller has 
the money from his sale, which he would likely want to re- 
invest, and you could probably interest them in some of the 
properties on your list. Another way to get property to sell 
and also to get buyers is by circulars. You can get names 
most readily from the assessors' books at your City Hall. 

One way to secure property to sell is to canvass a neigh- 
borhood thoroughly and wherever you see a "For Sale" sign 
take the owner's name and call on him. Generally he will be 
glad to place it in your hands, but should he not you can men- 
tion the fact that you have several investors whom you think 
you could interest in the property, and this will undoubtedly 



AND FIRE INSURANCE. 3 

bring him around. If possible get him to place it in your 
hands exclusively. When a property is given you to sell get 
a full description of it. Your card should read something 
like the following: 

3 family brick house No. 20 Common Street, Boston, 2,000 
feet of land. Assessed $8,000. Mortgaged $5,000 at 5 per 
cent. Price $8,500. 

INCOME. 

First floor 5 rooms and bath. Rent monthly $20.00 

Second floor 6 rooms and bath. Rent monthly 25.00 

Third floor 6 rooms and bath. Rent monthly 23.00 

68.00 
12 

Rent yearly $816.00 

EXPENSES. 

Taxes : $128.00 

Interest on Mortgage 250.00 

Gas I5-00 

Insurance charge on $8,000 15.00 $408.00 

Net income $408.00 

Terms $1,000 down. Balance on second mortgage at 6 per 

cent. 

Notes. Is in good repair and all rented. 

Mortgage is due November 1909. 

It is advisable to always tell the truth in your dealings, as 
misrepresenting the value of a property is sure to be discov- 
ered and casts suspicion on all your dealings. Real Estate is 
a commodity which is always well examined by purchasers 
and title conveyancers, therefore for this reason, if for no 
other, the above advice is valuable. 

Another thing to bear in mind is not to send prospective 
purchasers to look at property alone. Go with them and with 
the knowledge you have previously gained you will be able 



4 INSTRUCTION IN REAL ESTATE 

to show the good points and advantages which the property 
has, in such a manner as to convince them that it would be to 
their advantage to acquire the property. 

Study your customers well and approach them in the man- 
ner which your judgment tells you would be best to further 
your own interests. All people cannot be approached in the 
same manner. Everyone has his own fads and fancies and by 
working on these your work will be made much easier. Treat 
all people with politeness and respect, and remember that the 
seller is just as necessary to the Broker as is the buyer. 

You can make up your list and mail it to any one you think 
it would interest, such as people who own adjoining property, 
or those whom you see by the papers are buying in that vici- 
nity. Should any one want property not on your list tell them 
you will find what they want. This you can do either by 
going to the owners or through other Brokers who advertise 
what you think would be suitable for your customer. Where 
you make a sale through another broker, it is customary to 
divide the commission and it is better to do this and make a 
quick sale, rather than wait and possibly lose one. While 
some brokers with no principle will evade dividing the com- 
mission by going direct to the owners, this does not pay, as a 
reputation for square dealing is one of your principal assets. 

MAPS. 

A map or atlas of the city and surrounding country where 
you are located will be found to be of great value, enabling 
you to find at once the location and kind of surroundings of 
property you have to sell. Some, in fact a great many brok- 
ers, make the mistake of not personally paying a visit and 
looking over Real Estate given them to sell. Of course you 
could not be expected to examine property situated many 
miles from your headquarters, but where it is possible it is 
absolutely necessary to look the property oyer thoroughly, so 
that you will be able to answer intelUg'eatly any questions 

whkh ni^y b^ ?.skd regarding ii 



AND FIRE INSURANCE. 5 

AGREEMENT PAPERS AND TITLE CON- 
VEYANCING. 

The next step after you have secured a purchaser, is to 
bring both buyer and seller together and have them sign the 
agreement papers. The necessity for agreement papers is as 
follows : — The purchaser of a property goes to a Title Con- 
veyancer whose business it is to examine the title- of the prop- 
erty, to see whether the seller holds a clear title or not. 
When a person owns property, in real estate parlance it 
means that he holds a clear title to it. A title conveyancer 
or abstractor is one who is generally employed by the 
buyer, to examine the records to find out if the seller has 
a clear title to the property. As all transfers, mortgages 
or other encumbrances on real estate, to be valid against 
third parties, have to be recorded at the Registry Office, 
this can readily be done. This is done by lawyers, and of 
late years Title Insurance Companies have sprung up who 
make a specialty of this work, and who, for a stated sum, 
generally from tAventj dollars upwards, according to the 
value of the property, insure the buyer against loss by im- 
perfect title. That is to say, that if they report that the 
seller has a clear title and any time afterward it should 
turn out that he had not, they insure the buyer against loss. 

It depends on the length of the title, that is, a property 
which has changed hands fifty times will take longer to ex- 
amine than one which has only changed hands ten times. 
From one to six weeks is generally allowed for in the agree- 
ment papers for the examination of the title. 

The reason agreement papers are necessary : — With- 
out them the seller might be offered a higher price for the 
property in the meantime, or the buyer see something else he 
liked better. Either of which things happening, would be 
great loss to the other. Hence, it is for their mutual advan- 
tage to have these papers drawn. 

If, on examination, the title is found to be bad, the buyer 
can recover the cost of examination and expenses from the 



O INSTRUCTION IN REAL ESTATE 

seller, if he can show that the seller knew he held an imper- 
fect title. Otherwise, he must suffer the loss. 
The following is the general form used : 

AGREEMENT FOR SALE OF REAL ESTATE. 

Agreement made this first day of January A. D. 1907 be- 
tween John M. Smith of Boston in the County of Suffolk and 
Commonwealth of Massachusetts, of the first part, and Wil- 
liam L. Russell of said Boston in the County and Common- 
zvealth aforesaid, of the second part. 

The party of the first part hereby agrees to sell, and the 
party of the second part to purchase, a certain estate situated 
and bounded and described as follows: Beginning at the east- 
erly corner of Jones' land on Elm Street, thence running east- 
erly on said Elm Street seventy-five (75) feet to land of 
James Whitehouse; thence turning and running northerly by 
said Whitehouse' s land eighty (80) feet to land of Willard 
Greene; thence turning and running westerly by said Greene's 
land one hundred (100) feet to land of said Jones; thence 
turning and running southerly by said Jones' land eighty-five 
(85) feet to point of beginning on Elm Street. Being all 
the premises conveyed to me by Winthrop P. Sears by deed 
dated July 2jth, 1904 and recorded zmth the Suffolk Registry 
of Deeds, Book 1926, Folio 1798. 

Said premises are to be conveyed on or before February 
first by a good and sufficient zvarranty deed of the party of 
the first part, conveying a good and clear title to the same, 
free from all incumbrances and for such deed and conveyance 
the party of the second part is to pay the sum of Five Thou- 
sand dollars, of which Five JJundred dollars has been paid 
this day, Tzi^o Thousand dollars is to be paid in cash upon 
the delivery of said deed, and the remainder is to be paid by 
the note of the party of the second part, dated January first, 
nineteen hundrcd-and-six bearing interest at five per cent, per 
annum, payable semi-annually, and secured by a power of sale 



AND FIRE INSURANCE. 7 

mortgage, in the usual form, upon the said premises, such note 
to be payable January first, nineteen hnndred-and-nine. 

Full possession of the said premises, free of all tenants is 
to be delivered to the party of the second part at the time of 
the delivery of the deed, the said premises to be then in the 
same condition in which they now are, reasonable use and 
wear of the buildings thereon, and damage by fire or other 
unavoidable casualty excepted. 

The buildings on said premises shall, until the full perform- 
ance of this agreement, be kept insured in the sum of Five 
Thousand dollars by the party of the first part, in offices sat- 
isfactory to the party of the second part, and, in case of any 
loss, all sums recovered or recoverable on account of said in- 
surance shall be paid over or assigned, on delivery of the deed, 
to the party of the second part, unless the premises shall pre- 
viously have been restored to their former condition by the 
party of the first part. 

Rents shall be apportioned as of the day of the delivery of 
the deed, and the taxes assessed for the year 1905, shall be 
paid by John M. Smith. 

The deed is to be delivered and the consideration paid, if 
the purchaser so requires, at the Registry of Deeds in which 
the deed should by law be recorded. 

If the party of the first part shall be unable to give title or 
to make conveyance as above stipulated, any payments made 
under this agreement shall be refunded, and all other obliga- 
tions of either party hereunto shall cease, but the acceptance 
of a deed and possession by the party of the second part shall 
be deemed to be a full performance and discharge hereof. 

In consideration of the above, I Clara M. Smith, wife of the 
said John M. Smith, hereby agree to join in the deed to be 
made as aforesaid, and to release to the party of the second 
part all right of dower and homestead in the said premises. 

It is understood that a broker's commission of one per cent, 
on the said sale is to be paid to Jlenvy A. Pierce, by the said 
party of the first part. 



8 INSTRUCTION IN REAL ESTATE 

In witness whereof, the said parties hereto, and to another 
instrument of Hke tenor, set their hands and seals on the day 
and year first above written. 
Signed and sealed in presence of 
R. D. BROWN. 
J. M. JONES. 

JOHN M. SMITH. (Seal) 

WILLIAM L. RUSSELL. (Seal) 

EXTENSION. 

The time for the performance of the foregoing agreement 
is extended until 

Witness our hands and seals this . . . .day of 190 . 

When the agreement papers are drawn, a sum of money 
agreed on is paid by the buyer. This money is returned to 
him if the title turns out to be imperfect. 

There is nothing to be done further until the title convey- 
ancer makes his report. If the title has been found to be per- 
fect, the next step is to draw up the deed. This is usually 
done by the buyer's lawyer. 

HOW TO DRAW UP A DEED. 

If the Grantor has a wife, she must sign and acknowledge 
the deed, otherwise she could, after her husband's death, 
claim the use of one-third of the property during her life. 

In making a deed the names of the Grantor and the 
Grantee must appear. Small mistakes, such as writing Wil- 
lard instead of William in a deed do not invalidate it. Prop- 
erty must have an owner, and it is impossible for one person 
to part with his ownership unless there is another person to 
take it from him. Consequently, a deed to a person having 
no existence is void. 

In nearly every state the names of two witnesses are sub- 
scribed to a deed, although by common law, an attestation ivS 



AND FIRE INSURANCE. 9 

not required to give validity to a deed, nor is this required 
even by statute in all states. It is though a general practice 
and in some states obligatory to the validity of the deed. It 
is not necessary for a witness to see a party write his name. 
It is enough if he asks the witness to subscribe to the attesta- 
tion clause, and the latter does so in the signer's presence. 

A deed may be executed by the Grantor or his agent or his 
attorne}'. The Grantor is the seller, the Grantee, the buyer. 

Delivery is essential to render a deed valid. 

To effect a delivery two things are necessary. The Grantor 
must give up control of the deed and the Grantee must actu- 
ally accept it. The delivery of a deed after the grantor's death 
is not effective. The law requires a deed to be acknowl- 
edged in order to be recorded. This is done by a Justice 
of the Peace or Notary. 

Great care should be taken in drawing up a deed, that full 
details and dimensions of the land are inserted, as one of the 
rules is that an imperfect description cannot be mended by 
oral evidence. It must state in writing just what property is 
being conveyed. 

Another part of the deed consists of the covenants of title 
as they are called. These stipulations or agreements are of 
great practical importance, yet are very imperfectly under- 
stood. There are five, although not all are found in modern 
conveyances: — Covenants of possession, the right to convey, 
against encumbrances, for quiet and enjoyment and warranty. 
In most states only the last is employed. 

The covenant of possession is defined to be an assurance 
that the Grantor has both in quantity and quality the Estates 
which he wishes to convey. Therefore any outstanding right 
of title will be a breach of the covenants. (Covenant means 
contract.) 

The covenant against encumbrances is intended to provide 
security against the claims of third parties. The most com- 
mon form of encumbrance is a mortgage. Others are a right 
of dower, a judgment lien, taxes, and an outstanding lease. 



10 INSTRUCTION IN REAL ESTATE 

Besides these covenants, deeds sometimes contain special 
covenants or restrictions, such as the height of buildings or 
kind to be erected on the land. 

A deed must be written on parchment or paper. The law 
does not require accuracy or precision in the use of words or 
the observance of grammatical rule. Any writing from 
which the intention of the parties can be clearly gathered is 
sufficient. 

When a deed, mortgage, or lease is executed to two or 
more persons, the name of each should be given, and also 
when they are the Grantors, each should sign his individual 
name. Never sign as a firm. If the buyer should be satis- 
fied to let the Broker draw up the deed he, (the Broker) can 
get the details from the deed held by the seller. 

RECORDING OF DEEDS. 

After the deed has been prepared, signed and acknowl- 
edged, it should be taken to the Registry of Deeds and there 
recorded. The deal is now consummated. 

A broker has generally been considered to have earned his 
commission when the agreement papers have been signed, but 
this is optional with him, as many wait until the deed has been 
recorded before collecting it. 

BROKER'S COMMISSIONS. - 
Commissions are determined by the location of the prop- 
erty and the character of the services rendered. 
In cities the following are the standard charges: — 
For selling Real Estate in the city proper i per cent, of 
selling price. 

For selling Real Estate in the suburbs 21-2 per cent, of 
selling price. 

For exchanges, full commission as above from both parties. 
For leases under three years 21-2 per cent, of first year's 
rent. 



AND FIRE INSURANCE. II 

For leases three years (5r over i per cent, of gross amount 
of rent. 

For procuring loans on mortgages in city proper i per cent. 

For procuring loans on mortgages in suburbs 2 per cent. 

For selling farms 5 per cent. 

Minimum charge for sale, mortgage or lease $25.00. 

For renting and collecting rents, where there is no special 
agreement, the usual charge is 5 per cent, of rent. 

NOTARY PUBLIC. ^ 

His duties generally are to protest bills of exchange, 
authenticate and certify copies of documents and take ac- 
knowledgments of deeds and other instruments, administer 
oaths, etc. The acts of a notary are respected by the cus- 
tom of merchants and the laws of nations. Their protest 
of a bill of exchange is received as evidence in the courts 
of all civilized countries. Except in cases of protest of bills 
the signature of a notary to an instrument going to a for- 
eign country should be authenticated by the consul or rep- 
resentative of that country. In this country they do not 
administer oaths unless authorized by statute, except in 
cases where the oath is to be used out of the state or in the 
courts of the United States. Notaries are liable for dam- 
ages arising from the negligent or imperfect discharge of 
their duties. 

Notaries are required to have a seal, usually circular in 
form, with his name, County and State in the outer circle 
and the words "Notary Public" in the inner circle. 

Notaries must keep records of all their acts, and in case 
of death or removal from office, the records must be filed, 
usually with the County Clerk. 

(See Notaries under separate state headings.) 

ACKNOWLEDGMENT. 
The object of this is to authorize the acknowledged deed 
or other instrument, as the case may be, to be given in evi- 



12 INSTRUCTION IN REAL ESTATE 

dence without further proof of its execution and also to 
entitle it to be recorded. In some cases and in some states 
the acknowledgment is necessary to its validity. A certifi- 
cate of acknowledgment where once made cannot be legally 
changed by the officer taking the acknowledgment or by 
any one without a re-acknowledgment. 

LAW CONCERNING ACKNOWLEDGMENTS. 

In Porto Rico, the Philippine Islands, Cuba, or in any other 
place over which the United States at the time has or is exer- 
cising sovereignty, control, or a protectorate, a conveyance 
may be acknowledged or proved before : 1. A judge of a 
court of record thereof, acting within his jurisdiction. 2. 
A mayor or chief officer of a city, acting in such city. 3. A 
commissioner appointed for the purpose by the governor 
of the state, and acting within his jurisdiction. 4. An offi- 
cer of the United States regular army or volunteer service 
of the rank of captain or higher, or Avhile on duty at the 
place where such party or parties are or reside. 

The certificate of an acknowledgment taken before any of 
the officers mentioned in clauses i, 2, and 3, shall have 
attached thereto the seal of the court or officer if he have a 
seal, and if such officer have no seal then a statement to that 
effect. The certificate of an acknowledgment taken before an 
officer of the army or navy mentioned in clause 4, shall state 
his rank, the name of the city, or other political division where 
taken, and the fact that he is on duty there, and shall be au- 
thenticated by the secretary of war. 

NOTARY'S PROTEST. 
A protest is a notarial act done for want of payment of a 
promissory note or for want of acceptance or payment of a 
bill of exchange when due, declaring that all parties to the 
instrument will be held responsible to the holder. The protest 
when accompanied by proper notice to all the parties to the 
bill or note has the effect of making them responsible to the 



AND FIRE INSURANCE. I3 

holder for the amount thereof with damages. The protest is 
a formal paper wherein the notary certifies that on the day of 
its date he presented the original bill or note thereto attached^ 
or a copy of which is therein written, to the acceptor or the 
maker as the case may be, and demanded acceptance or pay- 
ment which was refused, and that therefore he protests against 
the drawer and endorsers for damages, etc. It is usual for the 
notary to serve notices of the protest or copies of the protest 
on all the parties to the bill or note. The Protest in itself is 
proof of demand and refusal to pay or accept. 

If a negotiable paper held by a bank as security for payment 
of a loan or debt becomes due and the bank fails to demand 
payment and have it protested when dishonored, the bank 
shall be liable to the owner for the full amount of the paper. 

FORM OF PROTEST. 

(Write here a copy of the note or bill of exchange with 
endorsements.) 

United States of America, State of , ss : 

Be it known, that on the day of the date hereof, at the 

request of the holder of the original of 

which a true copy is above written, I, , notary public 

for the state of , by lawful authority, duly commis- 
sioned and sworn, residing in the city of , and state 

of , during the usual hours of business for such pur- 
poses, presented the same at and demanded the 

payment thereof, which was refused and answer made^ 

or words to that effect. 

Whereupon, I, the said notary, at the request aforesaid, have 
protested, and do hereby solemnly protest, against all persons 
and every party concerned therein, whether as maker, drawer, 
drawee, acceptor, payer, endorser, guarantee, surety, or other- 
wise howsoever against whom it is proper to protest, for all 
exchange, re-exchange, costs, damages and interest, suffered 
a.nd to be suffered for want of payment therof, Of which 



14 INSTRUCTION IN REAL ESTATE 

demand and refusal I duly notified the endorsers (and draA\'er 
in case of a bill of exchange) thereon, this day in manner fol- 
lowing: (State how specifically.) 

This done and protested, at the city of , County 

and State aforesaid, the day of A. D. 19. . . 



Notary Public. 

NOTICE OF PROTEST. 
State of , County of , 19. . 



A for $ dated I9- • • , drawn by 

........ on in favor of endorsed by 

payable after date, having been protested 

by me this day for non- after having made legal 

demand for the same, I hereby, at the request of . the 

holder thereof, notify you that he looks to you for payment, 
interest, damages and costs. 



Notary Public. 

HAWAIIAN ISLANDS. 
Notary Public. 
Applicant must be a citizen of the Republic and cannot be 
a member of the legislature. Appointment is made by the 
Minister of the Interior to whom application should be made. 
Term of office lasts until removal. Fees — Noting protest $2. 
each ; notice of protest $2., depositions $2., administering oath 
25 cents. 

PHILLIPINE ISLANDS. 
Notary Public. 
Spanish notaries already acting, continue in office. Fees — 
Protest 75 cents ; takiilg acknowledgments or administering 
oath 25 cents. 



AND FIRE INSURANCE. 15 

rORTO RICO. 

Notary Public. 

Applicant must be a lawyer of good character and must be 

a citizen of Porto Rico or the United States. Appointment 

is made by the Supreme Court on examination. A fee of 

$i.oo and a bond of good character are required. 

MILITARY DISTRICTS. 
Notary Public. 
Appointed by judges of the Superior Court to whom appli- 
cation should be made. Applicants must be recommended by 
the grand jury of the county. The commission comes from 
the Governor and term of office is four years. 

CANADA. 

Notary Public. 
Applicant must be a British subject not a barrister or solici- 
tor and is subject to examination by a judge of the supreme 
or county court. Appointment is made by the Lieutenant 
Governor in council and term of office is at his pleasure. A 
fee of $5.00 is payable to the Examiner. To act in the Entire 
Province a fee of $20. is charged. To act in part of Province 
$10. Notaries' duties consist of protesting commercial paper, 
taking acknowledgments, affidavits, etc. Notaries must pro- 
vide themselves with a seal. 

JUSTICE OF THE PEACE. 

A Justice of the peace may personally arrest any offender 
in a case of felony or breach of the peace committed in his 
presence or may command others to do so, and in order to 
prevent the riotous consequences of a tumultuous assembly 
may command others to arrest affrayers when the affray has 
been committed in his presence. 

The Constitution of the United States directs that no war- 
rant shall issue but upon probable cause supported by oath or 
affirmation. So, if the magistrate be not present when a 



l6 INSTRUCTION IN REAL ESTATE 

crime is committed, before he can take a step to secure arrest 
of the offender an oath or affirmation must be made by some 
person to the effect that the offence has been committed by 
the person charged or that there is probable cause to beheve 
he committed it. The justice then issues a warrant for the 
arrest of the alleged offender who is brought before him and, 
after hearing, is discharged, held to bail to answer the com- 
plain or for want of bail committed to prison. Justices under 
local statute laws have jurisdiction in many minor civil cases 
and in suits for fines and penalties, with a right of appeal 
annexed thereto unless the amount claimed be very small. 
With the exceptions of the District of Columbia where 
they are appointed by the President, and Delaware, Flor- 
ida, Maine, Massachusetts, Maryland, New Hampshire and 
South Carolina where they are appointed by the Governor, 
Justices of the Peace are elected by popular vote. 



AND FIRE INSURANCE. I7 



CHAPTER II. 

The forms of deeds shown in this chapter are the ones in 
general use. For special state forms, see titles under state 
headings. The words printed in italics show how a deed 
should be filled in. 

WARRANTY DEED. 
A Warranty deed is a conveyance in which the seller 
agrees to be answerable for any defect whatever, that there 
may be in the title, no matter how far back. 

WARRANTY DEED FORM. 

Know all men by these presents that I, John M. Smith of 
Boston in the County of Suffolk and Commonwealth of Mas- 
sachusetts^ in consideration of Five Thousand Dollars^ paid by 
William L. Russell of said Boston in the County and Com- 
monwealth aforesaid., the receipt whereof is hereby acknowl- 
edged, do hereby give, grant, bargain, sell and convey unto 
the said William L. Russell, a certain lot of land with the 
buildings thereon, situated at Boston in said County and 
Commonwealth, hounded and described as follows; viz: — 

Beginning at the easterly corner of Jones' land on Elm 
Street, thence running easterly on said Elm Street seventy-five 
(75) f^^l lo land of James Whitehouse; thence turning and 
running northerly by said Whitehouse's land eighty (80) feet 
to land of Williard Greene; thence turning and running west- 
erly by said Greene's land one hundred (100) feet to land of 
said Jones; tJience turning and running southerly by said 
Jones' land eighty-five (85) feet to point of beginning on 
Elm Street. Being all the premises conveyed to me by Win- 
thro p P. Sears by deed dated July 2yth, 1904, a^d recorded 
with the Suffolk Registry of Deeds, Book 1926, Folio 1798. 

To have and to hold the granted premises, with all the privi- 
leges and appurtenances thereto belonging, to the said Wil- 



l8 INSTRUCTION IN REAL ESTATE 

Ham L. Russell, and his heirs and assigns, to their own use 
and behoof forever. 

And / hereby for myself and my heirs, executors, and ad- 
ministrators, covenant with the grantee and his heirs and as- 
signs that / am lawfully seized in fee-simple of the granted 
premises; that they are free from all incumbrances; that I 
have good right to sell and convey the same as aforesaid; and 
that / will and my heirs, executors, and administrators shall 
warrant and defend the same to the grantee and his heirs and 
assigns forever against the lawful claims and demands of all 
persons. 

And for the consideration aforesaid /_, Mary L. Smith, 
wife of said John M. Smith do hereby release unto the said 
grantee and his heirs and assigns all right of or to both dower 
and homestead in the granted premises, and all other rights 
and interests therein. 

In witness whereof zve the said John M. Smith and Mary 
L. Smith hereunto set our hand and seal this first day of 
January in the year one thousand nine hundred and seven. 
Signed and sealed in presence of 

WILLIAM P. JACKMAN. 

HENRY JONES. JOHN M. SMITH. (Seal) 

MARY L. SMITH. (Seal) 

COMMONWEALTH OF MASSACHUSETTS, 
ss. 190 . Then personally appeared the above- 
named and acknowledged the foregoing in- 
strument to be free act and deed, before me 

Justice of the Peace. 
190 , at o'clock and minutes M Received 

and entered with Deeds, libro folio 

Attest Register. 

QUIT CLAIM DEED. 
A Quit Claim deed is one whereby the seller conveys 
away all the title that he may have in the land. 



AND FIRE INSURANCE. IQ 

A Quit-claim Deed form is the same as the Warranty 
Deed with the following exceptions : — instead of "grant, 
bargain, sell and convey," say, "remise and forever quit- 
claim" ; and instead of "shall warrant and defend the same 
against the lawful claims and demands of all persons," 
say, "shall warrant and defend the same against the lawful 
claims and demands of all persons claiming by, through 
or under (Grantor's name) but against none other." 

QUITCLAIM DEED FORM. 

Know all men by these presents that /, John A. Smith of 
Boston, County of Suffolk and Commonwealth of Massachu- 
setts in consideration of Twenty Thousand Dollars paid by 
Henry K. Jones of Boston, County of Suffolk and Common- 
wealth of Massachusetts, the receipt whereof is hereby ac- 
knowledged, do hereby remise, and forever quitclaim unto 
the said Henry K, Jones, a certain lot of land containing three 
thousand seven hundred and forty (3740) square feet zuith the 
buildings thereon, situated in Boston, being lot marked (B) 
on a plan made by Smith and Jones, surveyors, dated October 
20th, 1885, and recorded with Suffolk Registry of Deeds 
Book 429, Folio 60, bounded and described as follows, viz: — 
Northzuesterly by Tremont Street, forty-four (44) feet; 
northeasterly by lot marked (A) on said plan, eighty-five (85) 
feet; southeasterly by lot marked (C) on said plan, forty (40) 
feet; southwesterly by land now or late of Williams, seventy 
(70) feet, 'or hozvever otherzmse bounded, measured or de- 
scribed, with all the rights, easements, and privileges thereto 
belonging; being the same premises conveyed to said John A. 
Smith by F. T. Holmes and recorded in Suffolk Registry of 
Deeds, Book 3044, Folio 36. 

To have and to hold the granted premises, with all the 
privileges and appurtenances thereto belonging to thci said 
Henry K. Jones and his heirs and assigns, to their own use 
and behoof forever. 

And / do hereby, for myself and my heirs, executors and 
administrators, covenant with the said grantee and his heirs 



20 INSTRUCTION IN REAL ESTATE 

and assigns that the granted premises are free from all in- 
cumbrances made or suffered by me and that / will and my 
heirs, executors, and administrators shall warrant and defend 
the same to the said grantee and his heirs and assigns forever 
against the lawful claims and demands of all persons claim- 
ing by, through, or under John A. Smithy but against none 
other. 

And for the consideration aforesaid. Twenty Thousand 
Dollars, /, Mary A. Smith, wife of John A. Smith do hereby 
release unto the said grantee and his heirs and assigns all 
right of or to both dower and homestead in the granted prem- 
ises, and all other rights and interests therein. 

In witness whereof, we the said John A. Smith and Mary 
A. Smith hereunto set our hands and seals this first day of 
January in the year one thousand nine hundred and six. 
Signed, sealed and delivered in presence of 

JOHN KELLEY. 

ARTHUR MASON. 

JOHN A. SMITH. (Seal) 

MARY A. SMITH. (Seal) 

DEED FOR MINING RIGHT. 

This indenture made the day of In the 

year of our Lord one thousand nine hundred and , 

between J. J., of the city of in the state of , 

and Mary, his wife, parties of the first part, and W. B., of 

, and state aforesaid, of the second part; witnesscth, 

that the said parties of the first part, for and in consideration 

of the sum of dollars, lawful money of the United 

States of America, to them in hand paid by the said party of 
the second part, at and before the ensealing and delivery here- 
of, the receipt whereof they do hereby confess and acknowl- 
edge, have granted, bargained, sold, aliened, released, and 
confirmed, and by tliese presents, do grant, bargain, sell, alien, 
release, and confirm unto the said party of the second part, 
and to his heirs and assigns, all the coal (or as the case may 



AND FIRE INSURANCE. 2t 

be) lying or being in or upon all that certain piece or parcel 

of land situate in the township of in the county of 

, and state of , bounded and described as 

follows, viz. : 

Together with the right of ingress and egress, into, upon 
and from the said lands, for the purpose of examining and 
searching for and of mining, manufacturing and preparing 

the said for market, and taking, storing, removing 

and transporting the same; and for these purposes to build 
roads and drains upon or under the surface of said land, and 
to locate and erect such buildings or other structures, with 
the necessary curtilege as may be necessary and proper for 
the convenient use and working of the mines or works, with 
a right to deposit the dirt or waste of the said mines or works 
upon the surface convenient thereto. And the said parties of 
the first part, do hereby release all and every claim or claims 
for damage to the said land, caused by opening or working of 
said mines in the proper manner, together with the right to 

convey through and over said lands from adjoining 

lands. 

To have and to hold the said and the rights, 

privileges, hereditaments and premises hereby granted or 
mentioned and intended so to be, with the appurtenances, unto 

the said part of the seconcl part heirs and 

assigns, to and for the only proper use and behoof of the said 

part of the second part -. . . heirs and assigns 

forever. 

And the said part of the first part, for himself (or 

themselves), his (or their) heirs, executors and administra- 
tors, do by these presents, covenant, grant and 

agree to and with the said part .... of the second part ...... 

heirs and assigns, that the said part of the first 

part, and heirs, all and singular the hereditaments 

and premises hereinabove described and granted or men- 
tioned and intended so to be, with the appurtenances, in the 
quiet and peaceable possession of the said part of the 



22 INSTRttCTinN TN REAL ESTATE 

second part heirs and assigns against the said part. . . . 

of the first part, heirs, and against all and every other 

person or persons whomsoever lawfully claiming or to claim 

the same or any part thereof shall and will warrant 

and forever defend. 

In witness whereof, the said party of the first part has 
hereunto set his hand and seal the day and year first ahove 
written. 

(seal). 

Signed sealed and delivered in the presence of 



MINING DEED. 

This indenture, made the day of A. D. 

19. . ., between of , party of the first part, 

and of , party of the second part, witness- 

eth, that the said party. ... of the first part, and in considera- 
tion of the sum of dollars lawful money of the 

United States of America, to him in hand paid by the said 
party of the second part, the receipt whereof is hereby ac- 
knowledged, has granted, bargained, sold, remised, released, 
and forever quit-claimed, and by these presents does grant, 
bargain, sell, remise, release, and forever quit-claim unto the 
said party of the second part, and to him, his heirs and assigns, 

the following described piece and parcel of land, to wit : 

lying and being situate in , mining district, county of 

, state (or territory) of ; together with all 

the dips, spurs, and angles and also all the metals, ores, gold 
and silver-bearing quartz, rock and earth therein; and all the 
rights, privileges and franchises thereto incident, appendant 
or appurtenant or therewith usually had and enjoyed ; and 
also all and singular the tenements, hereditaments and appur- 
tenances thereto belonging, or in anywise appertaining, and 
the rents, issues and profits thereof; and also all the estate, 
right, title, interest, property, possession, claim, and demand 



AND FIRE INSURANCE. 23 

whatsoever, as well in law as in equity, of the said party of the 
first part, of, in or to the said premises, and every part and 
parcel thereof, with the appurtenances 

To have and to hold, all and singular, the said premises, 
together with the appurtenances and privileges thereunto in- 
cident, unto the said party of the second part, his heirs and 
assigns forever. 

(If desired insert the following: It is expressly covenanted 
that it is intended hereby to convey any and all right, title, 
interest and estate which may hereafter be acquired to said 
premises, or any part thereof, by virtue of any patent which 
may hereafter be issued by the United States government 
therefor, under proceedings heretofore or to be instituted in 
that behalf.) 

In witness whereof, the said party of the first part has 
hereunto set his hand and seal the day and year first above 

written. . . . ^. (seal.) 

Signed, scaled and delivered in presence of 



DEED FOR RIGHT OF WAY— GAS AND OIL. 

Know all men by these presents, that for and in 

consideration of the sum of dollars to in 

hand paid by the receipt of which is hereby acknowl- 
edged, do hereby grant and convey to said the right 

. to enter, construct, repair and maintain a line or 

lines of pipes, for the purpose of transporting over 

and across land, situate in the township of 

county of , and state of , described as fol- 
lows, to wit : 

The said agrees to pay any and all damages that 

may be caused to growing crops, or otherwise, by reason of 
entry on said lands for the purpose of relaying or repairing 
said pipes, and to construct said lines well, substantially, and 
securely and according to law, 



24 INSTRUCTION IN REAL ESTATE 

Witness hand and seal this day of 

19.... 

(seal.) 

(seal.) 

In the presence of 



DEED FOR THE RIGHT OF WAY OVER LAND. 

This indenture, made the day of , in the 

year A. D. 19. . ., between A. B. of , of the one part, 

and C. D., of aforesaid, of the other part, witness- 

eth, that the said A. B., for and in consideration of the sum 

of dollars, lawful money of the United States unto 

him well and truly paid by the said C. D., at and before the 
ensealing and delivery hereof, the receipt w^hereof is hereby 
acknowledged, hath granted, bargained, sold, and by these 
presents doth grant, bargain and sell unto the said C. D., and 
to his heirs and assigns, the free and uninterrupted use, liberty, 
and privilege of, and passage in and along a certain alley 

or passage, of feet in breadth by feet in 

depth, extending out of and from ........ street, in the said 

borough, along the east side of the present messuage, dwelling 
house, and lot of the said C. D. Together with free ingress, 
egress, and regress to and for the said C. D. his heirs and 
assigns, his and their tenants and under-tenants, occupiers or 
possessors of the said C. D.'s messuage and ground contiguous 
to the said alley or passage, at all times and seasons for ever 
hereafter, into, along, upon and out of the said A. B., his heirs 
and assigns, tenants or occupiers of the said A. B.'s messuage 
and ground, adjacent to the said alley. To have and to hold 
all and singular the privileges aforesaid to him, the said C. D. ; 
his heirs and assigns; to the only proper use and behoof of 
liini, tlie said C. D., his heirs and assigns, forever, in common 
vvitli him, the said A. B. his heirs and assigns, as aforesaid; 
subject, nevertheless, to the moiety or equal half part of all 



AND FIRE INSURANCE. 2$ 

necessary charges and expenses which shall from time to 

time accrue in paving, amending, repairing, and cleansing the 

said alley. 

In witness whereof, the said parties have heremito set their 

hands and seals the day and year first above written. 

(seal.) 

(seal.) 

Signed, sealed and delivered in presence of 



AGREEIMENT FOR BUILDING A HOUSE. 

Articles of agreement, made and concluded the 

day of A. D. 19. . ., between A. B. of , in 

the county of , and state of , of the one part, 

and C. D., of the same place, of the other part, as follows : 

The said A. B. for the consideration hereinafter mentioned, 
doth, for himself, his executors and administrators, covenant, 
promise and agree to and with the said C. D., his executors, 
administrators, and assigns, that he the said A. B. shall and 
will, within the space of six months from the date hereof, in 
a good and workmanlike manner, and according to the best 
of his art and skill, well and substantially erect, build, set up, 

and finish one house or messuage on lot No , in 

such place as the said C. D. shall direct at afore- 
said, of the dimensions following, viz., (here describe the 
house), and compose the same with such stone or brick, tim- 
ber, and other materials, as the said C. D. or his assigns shall 
find and provide for the same. 

In consideration whereof, the said C. D. doth, for himself, 
his executors and administrators, covenant and promise to 
and with the said A. B., his executors, administrators, and 
assigns, well and truly to pay, or cause to be paid, unto the said 
A. B., his executors, administrators and assigns, the sum of 
six hundred dollars, in manner following, viz: Two hundred 
dollars; part thereof, at the beginning of the said work; two 



26 INSTRUCTION IN REAL ESTATE 

hundred dollars more thereof on the day of 

next; and the remaining two hundred dollars, in full for the 
said work, when the same shall be completely finished. 

And also that he, the said C. D., his executors, administra- 
tors or assigns, shall and wall, at his and their own proper 
expense, find and provide all the stone, brick, tile, timber, and 
other materials necessary for making and building of the said 
house. 

And for the true performance of all and every the covenants 
and agreements aforesaid, each of the said parties bindeth 
himself, his heirs, executors, and administrators, unto the 
other, his executors, administrators, and assigns, in the penal 
sum of twelve hundred dollars, firmly by these presents. 

In witness whereof, the said parties hereto have hereunto 
set their hands and seals, the day and year first above writ- 
ten. 

(seal.) 

(seal.) 

Signed, scaled and delivered in presence of 



AND FIRE INSURANCE. 2'J 



CHAPTER III. 

LANDLORD AND TENANT. 

For statute laws concerning Landlord and Tenant see under 
the separate state headings. 

A landlord is one who lets or leases real estate to another; 
the tenant is one in actual possession of the land. The con- 
tract existing between the two parties, is styled a lease, which 
is a conveyance of land or lands and tenements, generally in 
consideration of money to be paid for the same, called rent, 
for life, for years, or at will. The party making the lease is 
also called the lessor; he to whom it is made, the lessee. 
Leases should be made in duplicate, each party having an 
original. 

LEASES AND TENANCY. 

Leases may be granted for any number of years or for only 
a month. Compared with yearly holding, a lease may be ad- 
vantageous to the landlord, in holding the tenant, probably 
more rent on renewal, and saving of outlay and gain of im- 
provements; and it may be disadvantageous to him in sus- 
pending possession, sale or improvements, and in difficult 
ejection of an objectionable party. 

It may be advantageous to the tenant, in securing posses- 
sion and return for outlay, with comparative immunity from 
interference; and it may be disadvantageous to him in involv- 
ing continuous responsibility, sometimes loss of disbursements 
in various ways, and maybe additional rent if he remains after 
the term, especially as regards business premises. Any person 
of age and of sound mind may grant and hold leases. 

A person who takes a lease is liable for the rent for the full 
term of the lease. He has the privilege of sub-leasing, pro- 
viding the tenant is not objectionable to the owner. 

It is prudent in all cases to have leases reduced to writing; 



28 INSTRUCTION IN REAL ESTATE 

the common wording of the conveyance being, "demise, grant, 
and to farm let." In all states where the English Statute of 
Frauds has been substantially re-enacted, all leases not put in 
writing and signed by the party, have the effect of leases or 
estates at will only, excepting leases not exceeding the term 
of one year in some states and three years in others. 

PAROL LEASE. 
A "parol lease" is an agreement to lease, made by word of 
mouth. It is much more desirable to have a lease made in 
writing. 

TENANT'S RIGHTS. 
The landlord, or lessor, by virtue of his relation to the ten- 
ant, or lessee, is bound to perform all the express covenants 
into which he has entered in executing the lease ; to secure to 
the tenant the quiet enjoyment of the premises leased; and to 
repair the premises leased, if he expressly covenants so to do. 

LANDLORD'S RIGHTS. 

He has a right to receive the rent, agreed upon, and to en- 
force all the express covenants, into which the tenant has 
entered; to require that the premises leased be so treated that 
no unnecessary injury is done, or waste committed ; and to 
have possession at the expiration of the lease. 

A lease from year to year is where no definite time is fixed 
for its termination, but it is to continue at the pleasure of the 
landlord, or of both parties ; a lease for years is every estate 
which is to expire at a period certain and determined before- 
hand. 

A lease from the first day of July begins on the second day 
and lasts through the anniversary of the day from which it 
was granted. 

If no time i^ stated in a lease for a year, when the rent is to 
be paid, the rent is not due until the end of the year, unless a 
different requirement is made by Statute. 



AND FIRE INSURANCE. 29 

TENANT'S RIGHT TO NOTICE TO QUIT. 

In order to terminate a tenancy from year to year, the ten- 
ant is entitled to a notice to quit the premises (which is better 
to have in writing, signed by the landlord or his agent) within 
the time prescribed by the Statute Law of the particular 
State. Of such notice, if in writing, it is advisable to preserve 
a copy, signed by the witness who delivered the original, and 
bearing the date and mode of service, also signed by him. 

In some of the States, when rent is due and unpaid, the 
landlord may seize, without legal process, whatever goods 
(not exempt) may be found upon the premises, retain them as 
a pledge for the payment of the rent, and, after complying 
with certain requirements, sell them. This is called the right 
of distress, or the right to distrain. 

A tenant is not bound to pay taxes, unless there is an ex- 
press stipulation to that effect. If he make an unconditional 
covenant to repair, he can be compelled to rebuild the prem- 
ises if wholly destroyed by fire; in the absence of a covenant 
to repair, he is only bound to repair injuries occasioned by 
his voluntary negligence ; and under a general covenant to 
repair, with an express exception of casualties by fire or the 
elements, he is bound simply to leave the premises in as good 
condition as received by him. 

After assignment of a lease (which it is in the power of 
the tenant to make, unless* forbidden by the instrument itself) 
in which the lessee has covenanted to pay rent, he is still re- 
sponsible to the landlord for the rent, unless the latter ex- 
pressly, and in writing, discharge him and accept his assignee 
as tenant. 

At the expiration of a lease, the tenant may remove what- 
ever he has added to the premises (unless he has originally 
built it or manifested an intent to make it an entire part of 
what was originally there), if he can do so without injuring 
the premises. An outgoing tenant of a farm for agricultural 
purposes has no right, in some States, to remove from tlie land 
so occupied by him, manure made on the land from its pro- 



30 INSTRUCTION IN REAL ESTATE 

duce during such occupancy. When a farm is leased for 
agricultural purposes, its cultivation according to good hus- 
bandry is implied. 

NOTICE TO QUIT. 
The tenant is bound to quit the premises without notice 
when his lease expires, and thereafter is but a mere trespasser, 
unless he continues in possession thereafter with the consent 
of the landlord. In all cases of tenancy from month to month, 
or year to year, or for an uncertain term, the tenant must 
have notice, otherwise he may remain for another like term. 
Such notice is necessary in order to terminate the tenancy. 
The notice to quit must be to quit on one of the recurring 
periods of the holding, and put an end to the tenancy on the 
day of the expiration of the term it is desired to terminate. 

WHAT NOTICE TO QUIT SHOULD CONTAIN. 

It should be explicit in terms, addressed to the tenant, and 
signed by the landlord or his authorized agent and notify the 
tenant that he is required to quit and deliver up possession of 
the premises, describing them with sufficient accuracy, and 
state the time when the premises are to be surrendered, or 
the tenancy terminated, which must be at the end of the ex- 
piring term. ^ 

(Unless special forms of notices to quit are shown under 
the state headings, use the following.) 

NOTICE TO PAY RENT OR VACATE PREMISES. 
To 

Sir:— You are hereby notified that the rent for the month 

, for the house and premises (definitely locate and 

describe it) belonging to me which you now occupy, accord- 
ing to the terms of the lease by which you hold, amounts to 

$ and is now due and has been due since I 

now demand that you pay the said amount to the undersigned 



AND FIRE INSURANCE. 3t 

or vacate the premises by If the rent is not paid 

or the premises are not vacated in compliance with this request 
and notice, action will be commenced to obtain possession of 
the premises and for rent. This is intended as a three days' 
notice to pay rent or vacate the premises. 
Dated this day of 19. . . 



NOTICE TERMINATING TENANCY. 

To 

Tenant in Possession : 

You are hereby notified that on the fifth day of June, 19. . ., 
your lease or tenancy for the premises you hold possession of, 

situated said premises consisting of and 

now owned by of will terminate and end, 

and you are requested and required to deliver possession 

thereof to the undersigned, agent of , landlord, on the 

fifth day of June, 19. . .. 



Agent for 

WHO CAN AND WHO CANNOT MAKE A LEASE. 

A minor cannot make a lease for which he can be held on 
reaching his majority ; it will bind the lessee, however, until 
the minor sees fit to release him. But if he receives the rent 
after his twenty-first year, he thereby ratifies the lease, and 
becomes bound for its provisions. A guardian can give no 
lease that shall extend beyond the majority of his ward. A 
minor can become a lessee, but he is privileged to give it up 
when so disposed ; he can hold the landlord, however, if he 
so desires. 

Where there are no writings, the tenancy commences from 
the day agreed upon. Where there are writings, and the 
time for the commencement of the tenancy is not stated, it will 
be considered as having begun at the time the writings were 
delivered. 



32 INSTRUCTION IN REAL ESTATE . 

A lease must be delivered to the parties for whom it is 
intended. If it should fall into the hands of a party acci- 
dentally, without the other intending it, it would be invalid. 
A lease, if for a valuable property, should be acknowledged 
before a notary, which does away with the difficulty frequent- 
ly attending witnesses, who very often cannot be found when 
wanted. 

Where occupancy is for a short period — a week, for in- 
stance, a month, or a quarter — the length of the notice to quit 
must be regulated by the letting; as a week's notice for a 
week's letting, and a month's notice for a month's letting. 

A lease by a mortgagor is good only so long as the mort- 
gagee refrains from foreclosing the mortgage. This is a 
most important fact for you to remember. If a lease made 
subsequent to a mortgage should become valuable, it would 
be in danger of being terminated by the foreclosing of the 
mortgage. A lease made prior to a mortgage and recorded, 
is assumed by the mortgagee, and cannot be affected by fore- 
closure proceedings. 

WHO MAY BE LANDLORD. 

The landlord is generally the person who owns the prem- 
ises, but he may be a tenant himself and sublet, then he is land- 
lord to his tenants. A person cannot be landlord for a longer 
term than he himself has. 

A guardian may be a landlord, so also may an executor and 
trustee; all the trustees must join. A corporation may be a 
landlord. A married woman may as fully as if she were un- 
married. A receiver appointed by the court may be a land- 
lord, and may even make a lease, although it extends beyond 
the termination of the proceedings. 

When the premises are owned by more than one person, all 
must join in the lease or consent thereto ; otherwise a tenant 
will only lease the interest of the tenant in common with 
whom he deals. 



AND FIRE INSURANCE. 33 

WHO MAY BE A TENANT. 

A tenant is a person who, by an agreement with the land- 
lord is entitled to the possession of the premises rented, 
against every person, including the landlord, during his term, 
and who cannot be ousted therefrom at the will of the owner, 
and can only be dispossessed at the expiration of his term, or 
for some breach of his contract of hiring, and then only by 
due process of law. A person who gains and holds posses- 
sion of lands without the owner's consent is a trespasser, and 
the owner's remedy, to regain possession, is by ejectment. 

Any person, other than a lunatic or idiot, may be a tenant. 
A minor may be one, but he cannot be responsible for the 
rent, but may be dispossessed for non-payment thereof. He 
can hold the landlord to all his agreements. When a married 
woman hires premises for a dwelling, she is presumed to be 
acting for her husband, and she will not be bound. If she is 
to be bound, there must be an express agreement. 

The occupation of apartments by janitor, superintendents, 
or others in the capacity of servants to the landlord, do not 
qualify them as tenants. The legal possession remains in the 
landlord, and he has the legal right upon the termination of 
the employment to remove the furniture and goods of the 
servant and to employ the necessary force required.. 

CO-TENANTS. 
Co-tenants are tenants of the same landlord, each occupying 
but a portion of the premises. They each have exclusive 
use and possession of the part hired by them respectively, and 
the use, in common with the other tenants, of that portion of 
the premises designed to be used, as the halls, cellar, yard, 
roof, toilets, elevators, etc. They are only responsible for the 
negligent use of their apartments, and not responsible for the 
acts or negligence of other co-tenants. Where one tenant so 
uses- his own apartments as to damage the property of another 
tenant, he is liable for such injury. They are liable to the 
landlord for negligence or misuse of the portion over which 



34 INSTRUCTION IN REAL ESTATE 

they have exckislve control, to the same extent as a sole ten- 
ant, and they are liable for misuse of the portion intended for 
common use. 

WHAT MAY BE LEASED. 

The lease may be of the whole, or part of the premises, or 
part of the building, as a flat or floor, or an office, or part of 
a farm with or without buildings. 

But a person who hires a room, or a furnished room in a 
boarding or lodging house, or one who hires desk room in an 
effice, or who is the guest of a hotel, is not a tenant, because 
the owner or person from whom he hires still exercises con- 
trol over the premises, and the occupant is but a licensee, and 
may be ^dispossessed at the pleasure of the owner, but such 
occupant may become a tenant if he make a contract for ren- 
tal and is able to prove it. 

APPURTENANCES. 

Everything connected with the premises and necessary for 
their enjoyment or proper use, taking into consideration the 
purposes for which the premises are hired, go with the prem- 
ises, though not named. Thus, with a factory or mill, the 
engines, boilers, main shafting, pulleys and all other manu- 
facturing fixtures go with it; with a dwelling, the gas fix- 
tures, heater, water fixtures, use of trees and shrubbery, and 
the yard, and the light go with it; with a tenement or apart- 
ment house, the right to use the yard and roof for drying 
clothes, the closets, the water, the main halls and stairs, the 
cellar, the door bell and all general conveniences go with the 
apartment. 

With a store, the right to use the store fixtures, to hang up 
signs, display goods, and generally whatever is customary for 
the purpose of attracting trade and selling goods go with it. 

KIND OF TENANCIES. 
Tenancy at Will arises when the length of time is at the 



AND FIRE INSURANCE. 35 

Option of the landlord and usually arises by agreement. This 
tenancy exists at both the will of the landlord and tenant, and 
may be terminated by either. 

Tenancy at Sufferance is where the tenant, at the expira- 
tion of his lease, continues in possession and the landlord does 
not recognize him thereafter as a tenant, or where a proposed 
vendee enters into possession of the premises. 

Yearly Tenancy. This tenancy arises where the agree- 
ment is for a term of one or more years. 

Tenancy from Year to Year. This tenancy is implied, and 
arises from the fact that the tenant, who must have held 
under a lease for at least a year, continues in possession after 
the expiration of the year, and the landlord and he enter into 
no agreement as to time, but the rent is paid by the tenant and 
accepted by the landlord. Under these circumstances, it is 
presumed that the tenant holds the premises, and the landlord 
consents thereto, for the period of another year upon the same 
conditions as in the original lease, and this implied contract 
may be continued from year to year, so long as the tenant con- 
tinues in possession and the landlord accepts rent. 

Tenancy from Month to Month. This tenancy arises when 
the premises are rented for the period of a month, and the ten- 
ant continues in possession after the first month and the land- 
lord accepts the rent, then there is an implied agreement of 
a renewal for another month on the original terms and this is 
continued so long as rent is paid and accepted. 

Tenancy zvhen no time agreed upon. Under the common 
law when the tenant entered into possession, and no agree- 
ment was made as to the length of time of the tenancy, and 
the rent was paid monthly or weekly, or other stated periods, 
it was presumed that the hiring was for the same period of 
time as the rent was payable. 

TERM OF LEASE. 
There is no limit as to the length of time premises may be 
leased, except that in New York a lease of agricultural land 



2)6 INSTRUCTION IN REAL ESTATE 

for more than twelve years is void. In some States a lease 
by a trustee for a longer period than five years must be first 
authorized by the court. The landlord cannot make a lease, 
however, beyond the length of time he is himself entitled to 
possession of the premises. 

The lease usually fixes the time when the term is to com- 
mence and end. (See under separate state headings). 

ORAL LEASES. 

By an oral lease is meant an agreement by word of mouth. 
In some States an oral lease cannot be made for a longer term 
than one year, in other States not longer than for three years. 
If the oral lease is for a longer term, such lease is void, but 
it is held that if a tenant enter under an oral lease, for a term 
beyond such a lease can be made, he becomes a tenant from 
year to year. It has also been held, he is, under some circum- 
stances, a tenant from month to month. 

In an oral lease, the^ rights and obligations of the landlord 
and tenant, in relation to the premises, are implied by law, 
except as to the amount of rent, while, on the other hand, 
when it is in writing, these implied rights and duties are in 
many respects changed. 

IMPLIED OBLIGATIONS. 
In oral leases, and the same is true in written ones, tniless 
the writing otherwise stipulates, the following things are im- 
plied : — 1st: That the landlord will pay all the taxes, assess- 
ments and water rates. 2d : That the landlord will, in a tene- 
ment or apartment house, keep all the hallways, stairs, stoops, 
areas, sinks, closets and other parts of the house used in com- 
mon by the various tenants, or necessary for their protection, 
in good and safe repair. 3d: The tenant is impliedly bound 
to so use the premises that they will be, at the end of his 
term, in as good condition, reasonable wear and tear ex- 
cepted, as they were in at the time he took possession. 4th : 
That the tenant may either assign or underlet the premises, 



AND FIRE INSURANCE. 37 

or a part thereof, unless restrained by agreement, and that 
his assigns may do likewise. 5th: That the tenant will not, 
without the consent of the landlord, make alterations in the 
building or in any manner change the character thereof. He 
cannot turn a dwelling into a store, or a store into a dwelling, 
or make two rooms into one, cut in doors, place windows 
where none existed, or remove any part of the building. If 
he do, he may be restrained. Although the tenant cannot 
change the character of the premises, he may place fixtures 
in the building, if he do not injure it. Unless restricted by 
agreement, the tenant may make any lawful use of the prem- 
ises he sees fit, provided he does not change the character of 
the buildings. 6th : The law also implies that the premises 
shall not be used for immoral purposes. If they are so used, 
the tenant may be ousted. 7th : There is no implied warranty 
that the premises are suitable for the purposes rented, or are 
tenantable, nor is there any implied warranty that machinery 
or fixtures are in good repair, or of sufficient capacity to do 
the work for which the premises were hired. The tenant 
must protect himself by proper warranty from the landlord. 
If the landlord conceal some defect which is not apparent, and 
which renders the premises unfit for habitation, or makes 
fraudulent statements, the tenant may abandon the premises, 
but he must do so at once on discovery. A landlord who rents 
premises contaminated with an infectious disease, is liable to 
the tenant. It has been held that it is no defence by the ten- 
ant that the rooms are infested by vermin. 

WHAT LEASES IMUST BE IN WRITING. 

In some States, a lease of land for a term longer than one 
year must be in writing. 

The writing need not be all on one instrument. It may be 
by letter or letters, provided all the terms may be found 
therein, and they show that the landlord rented and the tenant 
hired the premises, and that the transaction was complete. A 
lease by telegram is good. If the lease is executed by the 



38 INSTRUCTtON IN ntCAL ESTATE 

kssor only, it is not binding on the lessee, unless he takes pos- 
session of the premises under the terms of the lease. The 
lessee is bound if he takes possession, although the lessor does 
not sign. 

RECORDING. 

In some States, when the term exceeds three years, the lease 
should be acknowledged or proved, and then rcorded, in the 
same manner as a deed. 

The effect of such recording is to give notice of the lease 
to all persons who may, after the recording of the same, be- 
come interested in the premises, as purchaser, mortgagee, or 
otherwise, through the landlord. If they do not have notice, 
the lease, as to them, is void. If a lease is executed by an 
agent for more than one year without written authority, rt 
cannot be recorded, 

USE OF THE PREMISES. 

The tenant may, unless restricted by the lease, use the prem- 
ises for any lawful purpose. If the premises are rented for a 
specific purpose and then used for another, such use may be 
restrained by injunction, but if the landlord, knowing of such 
other use, continuues to receive the rent, he will be estopped 
from afterwards objecting. 

If the tenant hire the premises for a specific purpose, as for 
a saloon, and he cannot obtain a license, he is still liable for 
the rent. 

Although premises are rented for a specific purpose, there 
is no implied covenant on the part of the landlord that they 
are fit or will continue to be so during the term. 

The lease of the premises for an immoral purpose voids it. 
If the landlord rent premises used for immoral purposes with 
his knowledge, and this fact is concealed by him, the tenant 
may remove, if he do so as soon as he learns of the facts. And 
if the owner of real property rents for an unlawful trade, 
manufacture or business, or knows that the same is to be so 



AND FIRE INSURANCE. 39 

used, he is liable with the tenants, for any damages resulting 
from such unlawful use. 

RENEWALS. 

The lease often stipulates that the tenant may have a re- 
newal thereof either upon the same or other terms, for a des- 
ignated number of years. No particular form of words is 
necessary to create this option. The words "privilege of six 
years or more at the same rent" have been held to be equiva- 
lent to a covenant of renewal. 

This right of renewal, unless negatived in the lease, de- 
scends to the lessee's assignee, his executors, administrators, 
or other legal representatives. 

The tenant must comply with all the conditions surround- 
ing this option, but if he continues in possession after the ex- 
piration of the lease and pays rent at the amount provided by 
the renewal, he is presumed to have exercised the option, and 
both he and the landlord are bound for the entire term gov- 
erned by the renewal and the covenants and conditions con- 
nected therewith, unless otherwise provided, as the terms and 
conditions in the old lease are presumed to be continued in 
the renewal. Except that it is held, the option for renewal in 
the old lease is inoperative in the renewal, unless the original 
lease expressly declared that the renewal should contain an 
option for renewal. Where the landlord in the lease "agrees 
to renew," the tenant must give notice and^ request a renewal. 
Where the lease contains a covenant that the landlord will 
pay for improvements at an appraised value, or grant a new 
lease, the tenant must remain at the old rent until the cov- 
enant is performed. 

When the lease is made to two tenants, the landlord is not 
bound to renew to one. 

If an old lease is surrendered and a new one given, this does 
not affect the rights of sub-tenants. 

RENEWALS BY HOLDING OVER. 
Where a tenant holds over after the expiration of his ori- 



40 INSTRUCTION IN REAL ESTATE 

ginal term, and the lease contains no option of renewal, he is 
presumed to hold over for a year, if the lease was for a year or 
more, or for such shorter period as the lease was for, upon 
the same terms and conditions imposed under the former 
holding. 

And if, before the expiration of the original lease, the land- 
lord notifies the tenant the rent will be increased, the tenant 
by remaining consents to such increase. 

The landlord, if he desires, may treat a tenant who holds 
over as a trespasser. The mere holding over for a day has 
been held to make the tenant liable for another term, but this 
case has been reversed. As a matter of precaution, the ten- 
ant should move out at or before the end of his term, so as to 
give the landlord possession at the end of the term. 



REPAIRS. 

When the landlord parts with the entire possession of the 
leased premises, as where he rents the entire building to one 
person, he is under no impHed obligation to repair any part 
of the premises. 

When, however, the building leased is an apartment house, 
office building, or the like, in which there are a number of 
lessees, the landlord is then impliedly bound to repair, and 
keep in repair all such portions of the building as hallways, 
stairs, closets, elevators, stoops, roof, plumbing, gas and water 
pipes, sewer pipes and all other parts of the building used in 
common by the various tenants. 

COVENANT OF LANDLORD TO REPAIR. 

By the lease, the landlord often agrees to keep the prem- 
ises in repair, and if then he do not, he is liable for any injury 
to the tenant or servants injured by reason of the neglect of 
the landlord. 



AND FIRE INSURANCE. 4I 

WHEN THE TENANT IS BOUND TO MAKE 
REPAIRS. 

A tenant who leases the entire premises is impHedly bound 
to make all necessary repairs to the building and premises, or 
if he hire but a portion thereof, then such portion over which 
he has control. 

The full extent to which the tenant is impliedly bound to 
make repairs has not been definitely settled in any case. The 
landlord on the one hand, unless he has agreed, is not bound 
to repair, re-paper, or re-paint, as the case may be, to place 
the building in a proper condition or to make it more pleasing 
in appearance; the tenant, on the other hand, if he wishes 
these things done, must do them himself, yet the question 
whether the tenant is bound to make these repairs, unless they 
were damaged by some act of his or his family, or servants, 
has not been settled. 

REMEDY OF TENANT. 

When the landlord fails to make the repairs he agreed to, or 
which he is impliedly bound to make, the tenant may make 
the repairs himself, after having first requested the landlord 
to do so, and after his neglect or refusal, sue the landlord for 
the cost, or deduct the cost from the rent, or set th^ cost up as 
a defense in an action for rent or summary possession brought 
by the landlord. 

EVICTION. 

An eviction exists when the landlord either forcibly re- 
moves the tenant from the premises, or fails to do that which 
he should do in relation to the premises, and such failure re- 
sults in making the premises dangerous, or untenantable, so 
that the tenant is forced to abandon the whole, or a portion 
thereof, to protect himself, or his family, or his personal 
property. 

The effect of an eviction, although of but a part of the 



42 INSTRUCTION IN REAL ESTATE 

premises, is to relieve the tenant from the payment of rent 
of the whole premises so long as the actual eviction continues. 

LEASE. 

This Indenture, made the first day of January in the year of 
our Lord one thousand nine hundred and six. 

Witnesseth, That I, John M. Smith, of Boston, County of 
Suffolk and Commonwealth of Massachusetts do hereby lease, 
demise, and let unto Henry A. Jones of Boston, County of 
Suffolk and Commonwealth of Massachusetts the Estate 
number twenty-eight Winter St. in said Boston. 

To hold for the term of three years from the first day of 
January nineteen hundred and six, yielding and paying there- 
for the rent of eighteen hundred dollars. And said Lessee 
does promise to pay the said rent in monthly instalments of 
fifty dollars ($50.) on the first day of each month, beginning 
January first, nineteen hundred and six and to quit and de- 
liver up the premises to the Lessor, or his attorney, peaceably 
and quietly, at the end of the term, in as good order and con- 
dition, reasonable use and wearing thereof, fire and other un- 
avoidable casualties excepted, as the same now are, or may 
be put into by the said Lessor, and to pay the rent as above 
stated, during the term, and also the rent as above stated, for 
such further time as the Lessee may hold the same, and not 
make or suffer any waste thereof ; nor lease, nor underlet, nor 
permit any other person or persons to occupy or improve the 
same, or make or suffer to be made any alteration therein, but 
with the approbation of the Lessor thereto, in writing^ hav- 
ing been first obtained and that the Lessor may enter to view 
and make improvements, and to expel the Lessee, if he shall 
fail to pay the rent as aforesaid, or make or suffer any strip 
or waste thereof. 

And provided also, that in case the premises; or any part 
thereof during said term, be destroyed or damaged by fire or 
other unavoidable casualty, so that the same shall be thereby 
rendered unfit for use and habitation, then, and in such case, 



AND FTRE TNStmANCR. 43 

the rent hereinbefore reserved, or a just and proportional 
part thereof, accorcHng to the nature and extent of the in- 
juries sustained, shall be suspended or abated until the said 
premises shall have been put in proper condition for use and 
habitation by the said Lessor, or these presents shall thereby 
be determined and ended at the election of the said Lessor or 
his legal representatives. 

In Witness Whereof, The said parties have hereunto inter- 
changeably set their hands and seals the day and year first 
above written. 
Signed, sealed and delivered in presence of 

HENRY ADAMS. 

ARTHUR POPE. 

JOHN M. SMITH. (Seal) 
HENRY A. JONES. (Seal) 

Note. Leases should be made in duplicate, one to each 
party. 

LEASE OF FARM. 

This indenture, made the day of , in the 

year of our Lord one thousand nine hundred and 

between A. B., of , of the first party, and C. D. of 

, of the second part, witnesseth : That the said A. B., 

for and in consideration of the yearly rent and covenants 
hereinafter mentioned and reserved on the part and behalf 
of the said C. D,, his executors, administrators and assigns, 
to be paid, kept, and performed, hath demised, granted and 
leased, and by these presents doth demise, grant, and lease, 
unto the said C. D., his executors, administrators, and assigns, 
all that messuage and lot of ground, situate, lying and being 

in the aforesaid, bounded northward, &c., (here 

describe the premises) together with all and singular, build- 
ings and appurtenances thereunto belonging. To have and to 
hold the said messuage and lot of ground, and all and smgvi- 
lar the premises hereby demised, with the appurtenances, unto 



44 INSTRUCTION IN REAL ESTATE 

the said C. D., his executors, administrators, and assigns from 

the day of next ensuing the date hereof, 

for and during the term of years thence next ended ; 

the said C. D. yielding and paying for the same unto the said 

A. B., his heirs and assigns, the yearly rent or sum of 

dollars, on the day of in each and every 

year during the term aforesaid. (If the rent is to be paid 
in produce, after the words "yielding and paying" insert 
''thereout unto the said A. B., his heirs and assigns, for the 
yearly rent as follows: One-half of all the winter grain, one- 
third of all the summer grain raised and growing on the 
premises, etc., as per agreement.") And at the expiration 
of the said term he, the said C D., his heirs and assigns shall 
and will quietly and peaceably surrender and yield up the 
said demised premises, with appurtenance, unto the said A. B., 
his heirs and assigns, in as good order and repair as the 
same now are, reasonable wear, tear, and casualties, which 
may happen by fire or otherwise, only excepted. 

Witness the hands and seals of the said parties the day and 
year first above written. 

A. B. (seal.) 
C D. (seal.) 
Signed, sealed and delivered in presence of 

E. R, 

G. H. 

MATTER SUITABLE FOR INSERTION IN A FARM 

LEASE. 
The lessee does hereby bind himself, his heirs and executors 
as follows : 

First. To cultivate in good, careful and proper manner all 
the cultivatable land on said premises. 

Second. That he will allow no waste during his occupancy 
of said premises, of fencing thereon, of timber, nor damage to 
any building thereon, natural wear and tear, or damage by the 
elements excepted. 



AND FIRE INSURANCE. 45 

Third. That he will take good care of all growing trees 
thereon of all kinds, protecting them from being destroyed by 
stock or otherwise. 

Fourth. That during his occupancy of said premises he 
will not himself remove, nor allow any other person to enter 
upon and remove from said premises any part or portion of 
the fences, buildings, fruit or ornamental trees, or shrubbery, 
or any of the improvements of any kind or nature whatever, 
upon said land, which are upon said land when he becomes 
occupant thereof, or which may be placed thereon by said 
party of the first part, or his authorized agent, during the term 
of his occupancy of said premises. And in case of such 
waste and removal of any of the improvements, the party of 
the first part or attorney or agent shall at once re- 
enter upon and occupy said premises, and said second party 
will at once give peaceable possession of said premises, and 
pay at once to said first party the full value of all improve- 
ments thus taken from said premises. 

Fifth. Said second party does hereby further agree that 
he will at his own expense, during the continuance of this 
lease, keep the said premises and every part thereof in good 
repair, that he wall, so far as possible, protect said premises 
from damage by fire, by plowing and burning where necessary. 
That he will not sub-lease, re-lease or assign this lease without 
the written consent of said party of the first part, and that he 
will, at the expiration of said term of rental, yield and deliver 
up the property herein rented, in like condition, as when taken, 
together with all the improvements that may be placed thereon 
by said first party during his occupancy thereof, reasonable 
use and wear thereof and damage by the elements excepted. 

Sixth. For the use of said premises for the term mentioned, 
he hereby covenants and promises to pay said party or his 
agent authorized by him to receive it as rent for the above 
described premises. (State what portions of crops or what 
moneys he is to receive). 

Seventh. That in case of sale of said premises during their 



46 INSTRUCTION IN REAL ESTATE 

occupancy by said second party, and purchaser should desire 
possession, said second party hereby agrees to give up to said 
purchaser, said premises at once, on payment to him of a fair 
and reasonable compensation for the crops which he may then 
have in the ground, and if he and purchaser cannot agree 
upon the amount of such compensation it shall be left to three 
disinterested appraisers, of whom said second party shall 
choose one, the purchaser one, and these two shall choose a 
third one. Their decision shall be final as to the amount to be 
paid by purchaser to said second party. 

Eighth. (To be used where exemption laws may be legally 
waived.) The said party of the second part does hereby ex- 
pressly waive the benefit of all exemption laws of the state of 

relating to personal property as against collection 

of said rent and fulfillment of the above contracts on his part. 

MINERAL LEASE. 

Article of agreement, made and concluded this 

day of A. D., 19. . ., between of the first 

part, and of the second part : 

Witnesseth, that the said party of the first part, in consid- 
eration of the covenants and agreements hereinafter contained, 
on the part of the said party of the second part to be kept and 

performed, agreed and do hereby agree to sell and 

convey unto the said party of the second part, . heirs 

or assigns, all the coal (or as the case may be) underlyino: 
the land and premises hereinafter mentioned and fully de- 
scribed, for the sum of dollars per acre, to be paid as 

follows : And upon the payment of the said sum, 

the said party of the first part will at own proper 

cost and charge, make, execute and deliver to the said party 

of the second part, a good and sufficient deed of 

warranty for such coal (or as the case may be) giving and 

granting to said partv of the second part, heirs and 

assigns, the full, free and exclusive right to go upon said 
land and mine for said coal (or as the case may be) with the 



AND FIRE INSURANCE. 47 

n'olit to make all necessary excavations, erect such buildings, 
and plan and operate such machinery as shall be necessary in 
the development and mining the same, with the right of in- 
gress, egress and regress. It is further understood and agreed 
between the parties to this agreement, that the said party of 
the second part, at any time between the date of this agree- 
ment and the time at which the first payment becomes due, 
shall have the right to enter upon said land and make such 
examination of said coal (or as the case may be) as may be 
necessary in the discovery of the quantity and quality of the 
same. 

The said land is described as follows 

And the said party of the second part hereby covenants and 
agrees to pay to the said party of the first part the sum of 
dollars per acre for the said coal underly- 
ing the above described land, in current bankable funds, and in 
the manner hereinbefore set forth. But it is understood and 
agreed, that if the first payment shall not be made as herein- 
])efore provided, then this contract is null and void, and shall 
be returned to said party of the first part. 

Witness the hands and seals of the said parties the day 
and year first above written. 



Signed, scaled and delivered in presence of 
E. R, 
G. H. 



A. B. (seal.) 
C. D.'(seal.) 



OIL AND GAS LEASE. 

Article of agreement, made the day of 

A. D. 19. . ., between of the county of and 

state of . , of the first part, and of the coun- 
ty of and state of , of the second part : 

Witnesseth, that the said party of the first part, in consider- 
ation of the stipulations, rents and covenants hereinafter con- 
tained on the part of said party of the second part to be kept 



48 INSTRUCTION IN REAL ESTATE 

and performed, ha. . granted, demised and let unto the party 
of the second part, for the sole and only purpose of drilling 
and operating for petroleum oil, or gas, and the right of way 

for pipe lines, all that certain tract of land situate in 

township, county, and state of , bounded 

and described as follows, to wit ; containing . 

acres, more or less, excepting or reserving therefrom 

acres around the buildings on said premises, upon which there 
shall be no wells drilled, the boundaries of which shall be 
designated and fixed by the party of the first part : 

To have and to hold the said premises for the said purposes 
only, unto the party of the second part, for, during and until 

the full term of years next ensuing the day and year 

above written, or while oil or gas is found in paying quantities. 

The said party of the second part hereby covenants, in 
consideration of the said grant and demise, to deliver unto the 

said party of the first part, the full and equal part of 

the petroleum discovered and produced on the premises herein 

leased, and deliver the same to the credit of the party 

of the first part, free of charge. 

It is further agreed, that if gas is obtained in sufficient 
quantities and utilized, the consideration in full to the party 

of the first part shall be dollars for each and every 

well drilled on the premises herein described, per annum, 
payable within sixty days after completion of such well, and 

thereafter yearly in advance, at The well or wells 

to be located in the hollows, or at such places as not to inter- 
fere with the cultivated portions of the land, and all pipe lines 
to be buried two feet under ground ; also, to pay all damages 
to growing crops by the laying of said pipe lines. 

The said party of the first part to fully use and enjoy the 
said premises for the purpose of tillage, except such part as 
shall be necessary for said operating purposes. The said 
party of the second part, is further to have the privilege of 
using sufficient water from the premises herein leased, to run 
the necessary engines, and the right to remove all machinery 



AND FIRE INSURANCE. 49 

and fixtures placed on the premises by them, together with 
the right of ingress and egress. 

The party of the second part shall have year from 

the date hereof to complete one well on the premises without 
paying rental or damages for failure to do so, and at the ex- 
piration of said term of year, the said party of the 

second part shall have the right and option to continue this 
lease from year to year by paying to party of the first part 

per acre per annum, on the day of 

each year, at until one well is completed on the 

above described premises, which shall release party of the 
second part from all payment of further rental during the 
term of this lease. 

It is further understood and agreed by and between the 
parties hereto, that a failure to make any one of such pay- 
ments, or to complete one well on the premises, shall render 
this lease null and void, and the same shall be fully ended and 
determined by and between the parties and the party of the 
first part shall have no right, nor right of action in law and 
equity against the party of the second part, for the recovery 
of any rent, damages or otherwise thereafter 

It is understood by and between the parties to this agree- 
ment, that all conditions between the parties hereto shall ex- 
tend to their heirs, executors and assigns. 

Witness the hands and seals of the said parties the day and 
year first above written. 



Signed-, sealed and delivered in presence of 
E. R, 
G. H. 



A. B. (seal.) 
C. D. (seal.) 



OIL LEASE. 

Articles of agreement, made and concluded this 

day of A. D., 19. . ., beween of the first 

part, and of the second part ; witnesseth, that the 



50 INSTRUCTION IN REAL ESTATE 

said party of the first part, for and in consideration of the 
covenants and agreements hereinafter contained, on the part 
of the said party of the second part to be paid, kept and per- 
formed hereby grant, bargain, demise, lease and let 

to the party of the second part, heirs and assigns 

for the term from the date hereof the following 

described real estate, situate, lying and being in the 

Giving and granting to the party of the second part, 

heirs and assigns, the full, free and exclusive possession of 
said piece of land during said term of for all pur- 
poses necessary to develop the same by procuring oil , 

and taking it therefrom, together with the right to put up and 
keep tanks thereon for the storage and transportation of oil 

and to erect thereon any buildings, that the party 

of the second part may require. The party of the second 

part, heirs and assigns, shall have the full and free 

right to subdivide said tract of land into an}^ number of smaller 
lots and pieces, or before, to remove all machinery and fixtures 
thereon. The party of the second part shall have the right to 
take and use the necessary timber for erecting derricks. 

In consideration of which the said party of the second part 

heirs and assigns covenant and agree as follows, 

viz: 

1st. To go upon said land, and within to com- 
mence one well and bore the same feet deep, unless 

oil is sooner found in paying qualities; and further, if said 

well is not put down, or works developed within 

from the date hereof then this agreement to be null 

and void .... 

2d. To deliver as royalty to the party of the first part 

herein part of all oil obtained and saved from said 

land .... 

3d. To keep true and correct books of accounts, showing 
the production of each and every well, the shares or propor- 
tion due the party of the first part, which books shall be kept 



AND FIRE INSURANCE. 51 

Open and free to the inspection of all parties interested in this 
agreement .... 

Witness the hands and seals of the said parties the day and 
year first above written. 

A. B. (seal.) 
C. D. (seal.) 
Signed, sealed and delivered in presence of 
E. R, 
G. H. 

ASSIGNMENT OF A LEASE BY INDORSEMENT. 

Know all men by these presents, that I, the within-named 

A. B., for and in consideration of the sum of dollars 

to me in hand paid by C. D., of , at and before the 

ensealing and delivery hereof, the receipt whereof I do hereby 
acknowledge, have granted, assigned, and set over, and by 
these presents do grant, assign, and set over, unto the said 
C. D., his executors, administrators, and assigns, the within 
indenture of lease, and all that messuage described therein, 
with the appurtenances; and also all my estate, right, title, 
term of years yet to come, claim, and demand whatsoever of, 
in, to, or out of the same; to have and to hold the said mes- 
suage and appurtenanes unto the said C, D., his executors, 
administrators and assigns, for the residue of the term within 
mentioned, under the yearly rents and covenants, within re- 
served and contained on my part and behalf to be done, kept 
and performed. 

Witness my hand and seal this day of , 

19.... 

(seal.) 

In presence of : 



52 INSTRUCTION IN REAL ESTATE 



CHAPTER IV. 

POINTS TO REMEMBER. 
Very few properties are sold for cash. In fact most prop- 
erty is mortgaged for two-thirds or more of its value, and 
generally the seller is willing to take back a second mortgage, 
as part payment. 

EQUITY. 
Equity means justice. There are many cases which com- 
mon law does not provide a remedy for. For this reason. 
Equity Courts have been established in most countries, where- 
by justice may be done in these cases. The assessed equity 
in Real Estate, means the difference in the amount of the 
mortgage and the taxed value of the property. For instance, 
a property is assessed for $20,000. It is mortgaged for 
$12,000. The assessed equity in this property would be $8,000. 

• ESTATE OF SUFFERENCE. 
An Estate of Sufference is the interest of a tenant who has 
come rightfully into possession of lands by permission of the 
owner, and continues to occupy the same after the period for 
which he is entitled to hold such possession. This estate is 
not of frequent occurrence, but is recognized in so far, that 
the landlord must enter before he can bring ejectment against 
the tenant. If the tenant has left the house, the landlord may 
use force to enter and regain possession. 

ESTATE IN JOINT TENANCY. 
An Estate in Joint Tenancy is one owned jointly by two or 
more persons whose title is created by the same deed. 

ESTATE IN COMMON. 
An Estate in Common is an Estate held in joint possession 
by two or more persons at the same time by several and dis- 
tinct titles. 



AND FIRE INSURANCE. . 53 

DOWER. 
Dower is the provision which the law makes for a widow 
out of the property of her husband, for her support and the 
nurture of her children. It is a life Estate which a wife takes 
by law out of her husband's lands immediately upon his death. 
The w^idow's dower generally consists of one-third of her hus- 
band's property, both real and personal. She is entitled to 
this in any event. If he wills her something in place of her 
dower rights, she need not accept unless she wishes to. 

ESTATE OF COURTESY. 
This is a life Estate which the husband takes upon the 
death of the wife in the lands of which the wife was pos- 
sessed during their coverture, providing they have issue. Four 
things are necessary to create this Estate : — Marriage, posses- 
sion of real estate by the wife, birth of a child, and the death 
of the wife. 

ESTATE IN SEVERALTY. 

An Estate in Severalty is one which has only a single 
owner. 

CHATTELS. 

Chattels may be movable or immovable property. "Chat- 
tel" being defined as not being freehold or real estate. If a 
chattel is connected with the freehold, with the intention of 
making it a permanent accession to it, it then becomes a part 
of the land. All buildings standing on the land go to the 
purchaser. While it is customary to mention buildings in 
deeds, it is not absolutely necessary, as they are considered 
part of the land and go with it. 

It is impossible for buildings to be personal property and 
not a part of the land on which they stand, unless the owner 
of the land allows a person to put buildings on it and agrees 
that they shall belong to the builder. Under such an agree- 
ment, the buldings would be personal property and in case of 



54 , INF^TRTICTtON IN REAL ESTATE 

the sale of the land, the owner could move them off, even 
though the purchaser supposed he had bought them. Every- 
thing which is part of a building, such as doors, blinds, etc., 
which were intended by the owner to be a part thereof, goes 
with it. Growing crops and timber pass with the land, unless 
there is a special agreement in the deed stating otherwise. 

EASEMENTS. 

Easements are the rights which a person, as the owner of 
one piece of land, has in the lands of another. These ease- 
ments pass on the sale of the land to the purchaser. 

The sale of a ''house" or "cottage" when these words are 
used as general terms of description in the deed, is held to 
carry the land upon which they are situated as well as them- 
selves. A sale of mines on a person's lands carries the right 
to dig and work them. 

A grant of land carries all mines in it, but a grant of mines 
does not carry the land. 

FREEHOLDS. 
When the rights over the land are given for a period, the 
termination of which is not fixed or ascertained by a specified 
limit of time, the interest is a freehold interest. 

FEE SIMPLE. 
A Fee Simple is the greatest estate or highest tenancy 
allowed by law ; the owner being uncontrolled in its sale, de- 
vise or other disposition. 

LIFE ESTATES. 
The distinction between freehold and life estate, consists 
in the indeterminate duration of the former and the deter- 
minate duration of the latter. 

MORTGAGES. 
A Real Estate Mortgage is the pledging of lands, build- 
ings, etc., as security for a loan. 



AND FIRE INSURANCE. 55 

It is usual for the borrower to give a note with the mort- 
gage, stating the amount to be paid, the time and the interest 
agreed on, to secure which the mortgage is given. 

The description of the property in the mortgage deed, 
should be exact so that it may be easily identified. The deed 
should be acknowledged by a Justice of the Peace and re- 
corded at the Registry of Deeds. A person need not be an 
absolute owner of land to make a valid mortgage. An owner 
for life or a shorter period, can mortgage his interest in it. 
An owner or tenant of land may mortgage the crops thereon. 

In equity the borrower, but at law the lender, is the owner 
of the property. The valuation is made, the title investigated, 
as on sale, and the mortgage deed prepared by the lender's 
lawyers, all at the borrower's expense. The borrower is 
called the Mortagor, the lender the Mortagee. 

In addition to special provisions in mortgages, as for pay- 
ment to the lender of principal and interest on a stated day 
with interest afterwards by half yearly installments, borrow- 
ers are required to enter into covenants, similar to those on 
sales before named, but with absolute and unqualified cove- 
nants for title against everybody. If not contrary to cove- 
nants in leases, insurance is affected, either by the borrower 
in his own name, when the policy can be assigned to the 
lender, or as often preferable, by the former in the latter's 
name, dispensing with assignment, or it may be, covenanted 
that the borrower shall insure, produce policy and receipt and 
on failure, the lender may insure. It is commonly covenanted 
that until failure in payment, there is to be quiet enjoyment 
by the borrower, who continues in receipt of profits and may 
bequeath the property or sell, subject to the mortgage, but he 
cannot lease so as to bind the lender, except on certain con- 
ditions. 

It is almost universally tlie case that in the event of a con- 
veyance of land by deed, the grantor cither assumes an exist- 
ing mortgage or gives back a purchase money mortgage to 
the grantor. These mortgages must be renewed from time to 



56 INSTRUCTION IN REAL ESTATE 

time, so you will readily see from this source alone that the 
business of placing mortgage loans should compare favorably 
with the selling of real estate. 

In an active real estate market, the number of mortgages 
almost equal the number of conveyances; while in an inactive 
market, the number of mortgages greatly exceed the number 
of sales. 

The ability to secure mortgage loans readily and reason- 
ably, influences the value of real estate more than any other 
one thing. In other words, you will find that when money 
is scarce, real estate goes begging because very few people 
purchase property free and clear. 

Therefore, the business of mortgage loans, if properly con- 
ducted ought to become a most important department. It is 
a pleasant and profitable branch of the real estate business 
that is handled with little difficulty once it is established, and 
the competition is not so active as in buving and selling, be- 
cause fewer brokers understand its methods. 

There is always a large number of people wishing to bor- 
row money on their property, and there is always a number 
of people or institutions with large sums of money which 
they will be glad to lend on satisfactory security. 

The man who is looking for a loan is a man with whom it 
is easy to do business. If you can secure what he wants and 
as promptly as he requires it, he feels as if he is your debtor, 
and there will be little question about your commission. On 
the other hand, there are always large sums of money held 
by individuals, trustees of estates, banks and trust companies, 
and these people are anxiously looking for desirable and safe 
investments in mortgages. 

A FEW DEFINITIONS. 

The general public entertains an erroneous idea about 

mortgages. They do not regard the borrowing of money in 

this way in the same light as borrowing on collateral security 

or on an endorsed or unendorsed personal note. While there is 



AND FIRE INSURANCE. 57 

no difference in fact, there is, of course, a wide difference as 
far as usage and experience goes. There are many men who 
would not give a personal note, that do not hesitate to buy 
property and assume an existing mortgage or give back a 
mortgage in part payment. It is important for you to know 
that none of these people are borrowing on Real Estate pure 
and simple. They are borrowing on their note, and the real 
estate is security that it will be paid. 

The borrower when making his application says he wants 
to borrow a given sum, and when asked for security, answers 
that he has a certain piece of real property. Now the risk of 
borrowing on his note secured by real estate is not so great as 
borrowing on securities, because he can usually borrow for a 
great length of time, and there are more sources from which 
the amount can be secured. The highest security that a man 
can give is real estate, because it is tangible, and is in fact 
the basis of all values. Sometimes it happens that a mort- 
gage of long standing has been foreclosed and the sale did 
not realize anything like the amount due under the mortgage. 
In this case, the maker of the bond, or mortgage note, would 
be liable for the difference, although the property might have 
changed hands a number of times since it had been made. 

This fact has led to the introduction of the "dummy owner" 
in speculative transactions, for no matter how many times a 
piece of property has been sold, just as long as the first mort- 
gage has not been paid off, the first borrower or maker of the 
mortgage note, remains personally liable. 

A mortgage is an interest in land given to secure the pay- 
ment of money or the equivalent of money. It encumbers the 
land and enables the creditor to satisfy the claim by a sale of 
the land, or by a forfeiture of the land to the mortgagee. It 
is a conveyance of an estate in the lands upon condition that 
it will be defeated by the payment of the debt, or the perform- 
ance of the obligation for which the conveyance was made 
to secure. 



58 INSTRUCTION IN REAL ESTATE 

WHO MAY BE A MORTGAGOR. 
Any person owning, or having an interest in the land in 
his own right, unless an idiot, or insane person, or an infant, 
may give a valid mortgage thereon. So can an executor, ad- 
ministrator, trustee or guardian, when authorized by will, 
deed or some statute. 

WHO MAY BE A MORTGAGEE. 
Any person, including an executor, administrator, trustee 
and guardians when authorized to loan money, may be a mort- 
gagee. Corporations may take a mortgage to secure debts 
due to them, and those corporations authorized by their char- 
ter, or by statute, to make loans, may take mortgages to se- 
cure the same. A mortgage to a national bank to secure a 
prior loan is good, and so is one to a corporation, although 
it exceed fifty per cent, of the value of the land as required 
by law. If a mortgage is made to a husband and wife, on 
the death of one the survivor takes it. 

WHAT ESTATE IN LAND MAY BE MORTGAGED. 
Any interest in real estate may be mortgaged, and a mort- 
gage on land carries with it whatever is annexed to the free- 
hold. A mortgage may be made on a lease, and will attach 
to any renewal thereof. In most of the states, the word 
*'heirs" must be used in the granting clause after the mortga- 
gee's name, in order to convey the fee. The premises mort- 
gaged must be so described that from the description they 
may be ascertained. 

THE DEBT. 
The mortgage is always given to secure some debt. The 
debt may be either contemporary, or antecendent, that is, one 
incurred before the making of the mortgage. It should be 
described so that the amount of it may be ascertained. It is 
held that the amount of the debt need not be stated in the 



AND FIRE INSURANCE. 59 

mortgage, if, by reference therein, the amount may be ascer- 
tained ; but for safety, it should always be stated, because it 
has been held that the mortgage is only good for the amount 
therein stated. The debt may be that of another person. 

The debt is usually evidenced by a bond, with the interest 
thereon at a certain time therein stated. The mortgage usu- 
ally refers to such bond. If there is a variance, the recital in 
the bond governs. Instead of a bond, a note is sometimes used 
and otherwise referred to. When referred to, all the condi- 
tions of the bond or note becomes a part of the mortgage, as 
fully as if they were recited in it. 

INTEREST. 

The rate cannot exceed the legal rate. If it does, it is 
usurious. The interest is usually to be paid, by the terms of 
the bond, semi-annually, and the bond usually provides that 
if interest remains unpaid for a certain number of days, the 
principal of the bond may, at the option of the mortgagee, be 
due. 

The interest must be paid in cash, and payment by check 
or draft or a certified check may be refused. It has been held 
that, after maturity, the rate of interest is that fixed by law, 
and not that designated by the mortgage ; but the general 
understanding is that the rate stipulated for in the mortgage 
is still to be paid after maturity. 

TAXES. 
Taxes and assessments are prior liens to that of mortgages 
or any other like encumbrances. 

INSURANCE. 
When the mortgage is on a building, it is a precautionary 
measure for the mortgage to contain a clause that the mort- 
gagor will take out a policy for the protection of the mortga- 
gee's interest. The policy should be payable to the mortga- 
gee to secure his mortgage debt. If no such clause, the mort- 
gagee must pay for the policy himself. 



60 INSTRUCTION IN REAL ESTATE 

EXECUTION OF MORTGAGE. 
The mortgage after being signed and acknowledged, must 
be delivered before it becomes operative. 

RECORDING. 
In order to be good against third persons, the mortgage 
must be recorded in the same manner as a deed and in the 
same offices. 

PURCHASE MONEY MORTGAGE 
Is one given usually to the grantor by the grantee, to secure 
a part of the consideration for the land, and it will be a pur- 
chase money mortgage, although executed subsequent to the 
conveyance, if part of the agreement. It will also be pur- 
chase money mortgage if given to a third person who ad- 
vances a part of the purchase money. A wife need not join 
in a purchase money mortgage. A purchase money mortgage 
has priority over a prior judgment against the mortgagor. 

RELATION OF PARTIES AFTER MORTGAGE. 

The mortgagor after the making of the mortgage is entitled 
to possession of the premises, and to the rents and profits 
thereof, and the mortgagee has no interest therein. If the 
mortgagor gives the mortgagee possession, then the latter 
must account for all the receipts and profits of the land which 
he received. The mortgagor cannot destroy or injure the 
premises or do anything to reduce their value, or remove any 
of the buildings or fixtures. 

ASSUMPTION OF MORTGAGE DEBT. 
A person buying premises on which there is a mortgage is 
not personally liable for the mortgage debt, unless he, in ex- 
press word, assumes the payment of the mortgage. 

ASSIGNMENT OF MORTGAGE. 
A mortgage may be assigned. The usual mode is by a 



AND FIRE INSURANCE. 6l 

writing under seal, duly acknowledged and afterwards re- 
corded in the same manner as the mortgage itself. A mort- 
gage may be assigned by a writing on its back, or by any 
other writing showing such intent and the delivery thereof, 
and it is held that it may be assigned by a mere delivery. 

Where the mortgage alone is assigned and nothing is said 
about the debt, the debt passes unless reserved, but the assign- 
ment of the mortgage should, as a matter of safety, always 
include the mortgage debt. 

RELEASE OF PART OF THE MORTGAGED 
PREMISES. 
The holder of the mortgage may release a portion of the 
mortgaged premises from the lien of the mortgage. Such re- 
leases must be in writing and executed in the same manner 
as the mortgage itself and should be recorded, provision for 
recording such releases being provided by statute. 

DISCHARGE OF MORTGAGE. 

In some states any mortgage registered or recorded 'shall 
be discharged, if there shall be presented to the officer (clerk 
or register) a certificate signed by the mortgagee, his per- 
sonal representative or assignee, and acknowledged or proved 
and certified as required by deeds, certifying that the mort- 
gage has been paid, or otherwise satisfied and discharged. 

In some states, mortgages may be cancelled and discharged 
upon the production of a certificate made by the mortgagee 
or his legal representatives and executed as a deed, specify- 
ing that such mortgage has been paid or otherwise satisfied 
or discharged. 

MORTGAGE LOANS. 
The most important problem with the broker is the secur- 
ing of good applications for loans. Once you have secured a 
reputation for handling good loans, you will be overrun with 
oflfers of mortgage money and your applications will always 
receive the most favorable consideration. 



62 INSTRUCTION IN REAL ESTATE 

The first thing the lender on real estate considers is the 
land value. He looks at the size of the lot and its location. 
The more valuable a piece of property is, the greater is its 
borrowing capacity. So the first thing to look upon is the 
value of the lot, the second, the character of the building on 
the lot, if there is a building. 

The broker should always bear in mind when making ap- 
plications for a loan, to verify every statement of the bor- 
rower. Look at the property, learn its rentals and expenses, 
study the neighborhood, and be prepared to satisfactorily 
answer any question put by the prospective buyer. Do not 
bother him with unreasonable applications, or you will find it 
difficult to have a really good loan considered later. If you 
never offer a loan that is not reasonably good for the amount 
asked for, you will find the lenders to be pleased to do busi- 
ness with you, because you do not waste their time. Lenders 
of money do not dicker as buyers do. 

After you have sized up the situation thoroughly, appraised 
the value of the land, and seen that the proper kind of build- 
ing is on the land, then comes the question of the rate at 
which you can borrow the money. Mortgages are placed on 
a percentage basis and the rate is governed by the equity. 
Money at 4 per cent, is usually loaned up to 60 per cent. ; 4 1-2 
per cent, up to 66 2-3 per cent. ; 5 per cent, up to 70 and 75 
per cent, of value. 

Money can be borrowed on both vacant and improved prop- 
erties. As to their borrowing capacity, we may sub-divide 
these into three classes : namely, city, suburban and country, 
and then again sub-divide the first into business, dwelling and 
miscellaneous. Business property is property solely used for 
business purposes. Under residential property, we under- 
stand merely private residences. Under miscellaneous, we 
have high class especially constructed buildings erected for 
some particular purpose. As to the order of acceptance by 
the lender, each individual that lends has his own way. There 



AND FIRE INSURANCE. 63 

are some who will lend on nothing but business property, 
while others prefer fiats and apartment houses. 

The order of acceptance might be divided as follows: (i) 
Business property on a main artery leased to a number of 
responsible tenants; (2) Private dwellings on the best resi- 
dential streets, and occupied by the owner; (3) Business prop- 
erty occupied by one tenant; (4) Private dwellings on good 
streets, leased to responsible tenants; (5) Apartment houses 
with all improvements, leased to good and responsible ten- 
ants; (6) Apartment or flat houses on main arteries with 
stores underneath; (7) Side street flats or tenement houses; 
(8) Buildings constructed for some special purpose, and not 
adaptable to ordinary uses, as stables, factories, places of 
amusement, etc. ; (9) Churches and charitable institutions. 

The first class proves to be the most desirable on account of 
the value of the land and income producing ability. In the 
second, a man of means will always see that his home is the 
last thing to suffer in cases of financial difficulty, and then 
again he does not borrow all he can get on it and the interest 
and taxes are paid, as a poorer man does his rent, always 
feeling it to be the first necessity. In a loft building, a great 
deal depends on the responsibility of the tenant. Buildings 
constructed for some special purpose are rather undesirable. 
There is always the risk of reducing the rent for fear of los- 
ing the tenant. Churches and charitable institutions prove 
to be the most undesirable on the uncertainty of income and 
very often sentiment is a strong factor in this class of prop- 
erty. 

Suburban property is governed largely by the same rules 
and a great deal depends on its proximity to the market and to 
the mediums of transportation. In large cities all mortgages 
are published in daily papers. These items can be cut out 
and pasted upon cards, but in addition to the published in- 
formation, you should find from the mortgage records in the 
county clerk's or register's office, the name of the attorney or 
person who filed the mortgage for record. You will then 



64 ' INSTRUCTION IN REAL ESTATE 

know to whom to apply for loans when your clients come to 
you to negotiate a mortgage for them. This information is 
very important and is well worth the time it takes. 

Disbursements are the expenses incurred in searching the 
title, viz. : a title policy or abstract of title, appraisal, survey, 
recording fee for the bond and mortgage, and many lawyers 
also charge for drawing the bond and mortgage. 

We state these facts as to proportion that can be borrowed 
upon property, at the several rates of interest only as a basis. 
Where there are Title Companies, they are generally large and 
liberal lenders of mortgage money and their charges are gen- 
erally very reasonable. They sell all of their mortgages to in- 
stitutions, estates and private lenders at from 1-2 to i per cent, 
per annum less than the rate of interest they charge and they 
generally guarantee the payment of both principal and inter- 
est. Life Insurance Companies and Trust Companies and 
Savings Banks are large lenders of money and their rate of 
interest is low and the proportion they lend correspondingly 
low. Estates and private lenders of mortgage money are al- 
ways represented by lawyers, and while these are the most 
liberal lenders, they always expect the highest rates of inter- 
est, and to be paid the highest fees. There are only two 
ways in which you can ascertain the names of the attorneys 
for estates and private lenders, one is from the records in 
the County Clerk's or Register's office and the other is a 
canvass of the lawyers' offices. 

To obtain applications for mortgage loans, make a record of 
all projected buldings. Note their progress in erection and 
when they have reached the top story, call on the builders and 
get their application. Write the borrowers of expiring mort- 
gages at least sixty days before the mortgages become due, 
offering your services either to reduce the rate of interest or 
to secure a larger loan. There must be some inducement 
offered, otherwise they will let the mortgage run or make 
terms with the present holder of the mortgage. In addition 



AND FIRE INSURANCE. \ 65 

to these methods, advertise that yon have large sums to place 
on mortgages. 

While the law requires the written authority of the owner, 
the truth is that the great majority of applications are sub- 
mitted on oral authority. Owners hesitate to sign author- 
ization, as they often permit a number of brokers to solicit 
the loan. 

The next step is to submit the application to the lenders. 
The Savings Bank and Insurance Companies are authorized 
to lend up to 60 per cent, of the appraised value, if the prop- 
erty interests them. Private lenders and estates sometimes 
lend as much as 80 per cent, of the appraised valuation. 

In time you will become familiar with the neighborhoods, 
the kinds of properties and the amounts which the different 
lenders will consider. You should now make out a number 
of copies of the application, equal to the number of banks 
and other lenders which you have on your list, and leave a 
copy with each. Call in a few days and find out how it has 
been received. If some lender offers an amount below the 
figure asked, but which may be considered by the borrower, 
submit it to him but do not tell him the source of the offer. 
After you have secured the amount the borrower requires 
you then get his written authorization and agreement as to 
commission, if not previously secured. Having arranged 
this satisfactorily, you then introduce him to the lender and 
have the contract drawn up. 

Regarding commissions, the same law applies to mortgage 
loans as to sales. The fee is due when the borrower and 
lender have agreed as to the loan, but custom has deferred the 
payment until the money is paid to the borrower by the lender. 
If the title should prove to be defective, or there is unneces- 
sary delay on the part of the borrower, the broker can en- 
force the collection of his commission. 

When you replace a loan, follow up the man paid off and 
see if you cannot interest him in some other loan, or in the 
purchase of some property. If you have a good application, 



66 INSTRUCTION IN REAL ESTATE 

you do not require any other introduction to the banks and 
the lenders. They will be glad to see you and to have you 
introduce yourself. 

APPLICATION FOR LOAN ON REAL ESTATE. 

Jan. I, 1906. 

To The Copley Real Estate Co. 

The undersigned hereby applies for a loan for the amount 
and upon the terms hereinafter set forth; said loan to be se- 
cured by a first mortgage, with power of sale, upon the real 
estate hereinafter described. 

Amount of loan, $12,000. , 

For how long, 5 years. 

Rate of Interest, 4 1-2 per cent., payable semi-annually. 

Property to be mortgaged, where located. At Boston. . . . 

on Winter Street, No. 20. 

Dimensions of land 25 by 50. 

Nature of buldings thereon, whether stone, iron, brick, or 
wood. Brick 

Character of buildings, whether dwelling-house, store, fac- 
tory, stable, etc. Stores. . . 

Dimensions of buildings, 25 by 45. Stories high. 4. 

By whom and for what purpose now occupied. C. H. 
Smith & Co. 

Estimated fair market value of land and buildings, $25,000. 

Assessed value for the year 1905, $20,000. 

Present rent obtained from land and buildings, $2,500. 

Amount of insurance now upon buildings, $25,000. 

It is agreed that the undersigned is to pay interest upon the 
amount of the above loan from the time when this proposal 
shall be accepted, that the title to the above-mentioned real 
estate is to be examined and the papers prepared by a soli- 
citor who shall be named by the party accepting this proposal, 
but employed and paid by the undersigned, at whose expense 
also the mortgage deed is to be recorded, and also a broker's 
commission of i per cent, for negotiating the above loan. It 



AND FIRE INSURANCE. 6/ 

is also agreed that the proposed loan will not be made if the 
said estate is held subject to any condition, or if the title 
thereto proves to be in any respect unsatisfactory to the ex- 
amining solicitor, whose bill for services and expenses is, how- 
ever, in any event to be paid by the undersigned. 

JOHN SMITH. 
References as to character and 
standing of applicant. 

Place of business, 24 Milk St., Boston. 

FIRST MORTGAGE ON REAL ESTATE. 

Know all men by these presents that I, John A. Smith of 
Boston, County of Suffolk and Commonwealth of Massachu- 
setts, in consideration of Twelve Thousand Dollars paid by 
Henry K. Jones of Boston, County of Suffolk and Common- 
wealth of Massachusetts, the receipt whereof is hereby ac- 
knowledged, do hereby give, grant, bargain, sell and convey 
unto the said Jlenry K. Jones, a certain lot of land contain- 
ing three thousand seven hundred and forty (3740) square 
feet with the buildings thereon, situated in Boston, being lot 
marked (B) on a plan made by Smith and Jones, surveyors, 
dated October 20th, 1885 and recorded with Suffolk Registry 
of Deeds, Book 429, Folio 60, bounded and described as fol- 
lows, viz: — Northzvesterly by Tremont Street, forty-four (44) 
feet; northeasterly by lot marked (A) on said plan, eighty- 
five (85) feet; southeasterly by lot marked (C) on said plan 
forty (40) feet; southwesterly by land now or late of Wil- 
liams, seventy (70) feet, or however otherwise bounded, 
measured or described zvith all the rights, easements and privi- 
leges thereto belonging, being the same premises conveyed to 
said John A. Smith by F. T. Holmes and recorded Suffolk 
Registry of Deeds, Book 3044, Folio 36. 

To have and to hold the granted premises, with all the 
privileges and appurtenances thereto belonging to the said 
Henry K. Jones and his heirs and assigns, to their own use 
and behoof forever. 



68 . INSTRUCTION IN REAL ESTATE 

And / hereby for myself and my heirs, executors and ad- 
ministrators, covenant with the grantee and his heirs and as- 
signs that / am lawfully seized in fee-simple of the granted 
premises, that they are free from all incumbrances, that / 
have good right to sell and convey the same as aforesaid; and 
that / will and my heirs, executors, and administrators shall 
warrant and defend the same to the grantee and his heirs and 
assigns forever against the lawful claims and demands of all 
persons. 

Provided nevertheless that if /, or my heirs, executors, ad- 
ministrators or assigns, shall pay unto the grantee, or his ex- 
ecutors, administrators or assigns the sum of Twelve Thou- 
sand Dollars in five years from this date, with interest semi- 
annually at the rate of Hve per cent, per annum; and until 
such payment shall pay all taxes and assessments, to whomso- 
ever laid or assessed, whether on the granted preinises or on 
any interest therein or on the debt secured hereby; shall keep 
the buildings on said premises insured against fire in a sum 
not less than Twelve Thousand dollars, for the benefit of the 
grantee and his executors, administrators and assigns in such 
form and at such insurance ofhces as they shall approve, and, 
at least two days before the expiration of any policy on said 
premises, shall deliver to him or them a new and sufficient 
policy to take the place of the one so expiring; and shall not 
commit or suffer any strip or waste of the granted premises, 
or any breach of any covenant herein contained, — then this 
deed, as also my note of even date herewith, signed by me 
whereby / promise to pay to the grantee or order the said 
principal sum and instalments of interest at the times afore- 
said shall be void. 

But upon any default in the performance or observance of 
the foregoing condition, the grantee, or his executors, admin- 
istrators, or assigns, may sell the granted premises, or such 
portion thereof as may remain subject to this mortgage in 
case of any partial release hereof, together with all improve- 
ments that may be thereon, by public auction in said Boston 



AND FIRE INSURANCE. 69 

first publishing a notice of the time and place of sale once each 
week for three successive weeks in some one newspaper pub- 
lished in said Boston, the first publication of such notice to be 
not less than twenty-one days before the day of sale, and may 
conve}^ the premises so sold by proper deed or deeds to the 
purchaser or purchasers absolutely and in fee simple and such 
sale shall forever bar me and all persons claiming under me 
from all right and interest in the granted premises, whether 
at law or in equity. And out of money arising from such sale 
the grantee or his representatives shall be entitled to retain 
all sums then secured by this deed, whether then or there- 
after payable, including all costs, charges, and expenses in- 
curred or sustained by them by reason of any default in the 
performance or observance of the said condition, rendering 
the surplus, if any, to me or my heirs or assigns ; and / hereby, 
for myself and my heirs and assigns, covenant with the gran- 
tee and his heirs, executors, administrators, and assigns that, 
in case a sale shall be made under the foregoing power, / or 
they will upon request execute, acknowledge, and deliver to 
the purchaser or purchasers a deed or deeds of release con- 
firming such sale, and said grantee and his assigns are here- 
by appointed and constituted the attorney or attorneys irrevo- 
cable of the said grantor to execute and deliver to the said pur- 
chaser a full transfer of all policies of insurance on the build- 
ings upon the land covered by this mortgage at the time of 
such sale. 

And it is agreed that the grantee, or his executors, admin- 
istrators, or assigns, or any person or persons in their behalf, 
may purchase at any sale made as aforesaid, and that no other 
purchaser shall be answerable for the application of the pur- 
chase money; and that, until default in the performance or 
observance of the condition of this deed, / and my heirs and 
assigns may hold and enjoy the granted premises and receive 
the rents and profits thereof. 

And for the consideration aforesaid. Twelve Thousand Dol- 
lars, I J Mary A. Smith, wife of said John A. Smith, do hereby 



70 INSTRUCTION IN REAL ESTATE 

release unto the said grantee and his heirs and assigns all 
right of or to both dower and homestead in the granted prem- 
ises, and all other rights and interests therein. 

In witness whereof we the said John A. Smith and Mary 
A. Smith hereunto set our hand and seal this first day of 
January in the year one thousand nine hundred and seven. 
Signed, sealed and delivered in presence of 

JOHN KELLEY. 

ARTHUR MASON. 

JOHN A. SMITH. (Seal) 

MARY A. SMITH. (Seal) 

COMMONWEALTH OF MASSACHUSETTS. 
ss. 190 . Then personally appeared the above- 

named and acknowledged the foregoing instru- 

ment to be free act and deed, before me — 

Justice of the Peace. 
190 , h m M. Received and entered with 

Deeds, book page 

Attest: 



Register. 



FORM OF NOTE. 



$12,000. 

Jan. I, 1907. 
For value received I, John A. Smith promise to pay to Henry 
K. Jones or order, the sum of Twelve Thousand Dollars in 
five years from this date, with interest to be paid semi-annu- 
ally, at the rate of five per centum per annum, during said 
term, and for such further time as the said principal sum, or 
any part thereof, shall remain unpaid. 
Signed in presence of 

JOHN KELLEY. 

ARTHUR MASON. 

JOHN A. SMITH. 

Secured by Mortgage of Real Estate in Boston, Mass., to 
be recorded in Suffolk Registry of Deeds. 



AND FIRE INSURANCE. 7I 

SECOND MORTGAGES. 

Sometimes people whose property is mortgaged wish to 
borrow more money and do so by giving a second mortgage. 

Sometimes in making a sale, the owner will be willing to 
take back a second mortgage in part payment. 

Conservative investors generally refuse to invest in second 
mortgages, unless the first mortgage is very small compared 
with the value of the property. 

The only means you have for placing second mortgages, is 
through private investors. The amount is usually 30 per cent. 
of the balance of the equity. That means, that if the prop- 
erty is assessed for $20,000, and the first mortgage is $12,000, 
the equity would be $8,000, hence the second mortgage would 
be 30 per cent, of $8,000, or $2,400, which would be about all 
a borrower could secure. 

The rate of interest charged for loans on second mortgages 
generally runs from 5 per cent, to 12 per cent. 

SECOND MORTGAGE FORM. 
Know all men by these presents that I, John M. Smith of 
Boston, County of Suffolk and Commonwealth of Massachu- 
setts, in consideration of Two Thousand Dollars paid by Wil- 
liam T, Barnes of said Boston, in the County and Common- 
wealth aforesaid, the receipt whereof is hereby acknowledged, 
do hereby give, grant, bargain, sell and convey unto the said 
William T. Barnes, a certain lot of land zvith the buildings!' 
thereon, situated in Boston, in said County and Common-, 
wealth, bounded and described as follows, viz: — Beginning at 
the easterly corner of Henry Jones' land on Elm Street, thence 
running easterly on said Elm Street, seventy-five (75) feet to 
land of James Whitehouse ; thence running northerly by said 
Whitehouse's land, eighty (80) feet to land of Willard 
Greene; thence turning and running westerly by said Greene's 
land, one hundred (100) feet to land of said Jones; thence 
turning and running southerly by said Jones' land, eighty-five 
(85) feet to point of beginning on Elm Street. Being all the 



72 INSTRUCTION IN REAL ESTATE 

premises conveyed to me by W.inthrop P. Sears by deed dated 
July 2yth, 1904, and recorded with Siiifdlk Registry of Deeds, 
Book 1926, Folio 1798. 

To have and to hold the granted premises, with all the 
privileges and appurtenances thereto belonging to the said 
William T. Barnes and his heirs and assigns, to their own use 
and behoof forever. 

And / hereby, for myself and my heirs, executors, and ad- 
ministrators, covenant with the grantee and his heirs and as- 
signs that / am lawfully seized in fee simple of the granted 
premises, that they are free from all incumbrances, except a 
mortgage upon which $5,000. of principal remains unpaid, 
which mortgage was given by John M. Smith to William L. 
Russell and is recorded in said Registry of Deeds, book 2536, 
page 1529, that / have good right to sell and convey the same 
as aforesaid; and that I will and my heirs, executors, and ad- 
ministrators shall warrant and defend the same to the grantee 
and his heirs and assigns forever against the lawful claims 
and demands of all persons. 

Provided, nevertheless that if /_, or my heirs, executors, ad- 
ministrators, or assigns, shall pay unto the grantee or his ex- 
ecutors, administrators, or assigns the sum of Two Thousand 
Dollars in one year from this date, with interest semi-annually 
at the rate of six per cent, per annum; and until such pay- 
ment shall pay all taxes and assessments, to whomsoever laid 
or assessed, whether on the granted premises or on any inter- 
est therein or on the debt secured hereby ; shall keep the 
buildings on said premises insured against fire in a sum not 
less than Tzuo Thousand dollars for the benefit of the grantee 
and his executors, administrators, and assigns in such form 
and at such insurance offices as they shall approve, and, at 
least two days before the expiration of any policy on said 
premises, shall deliver to him or them a new and sufficient 
pohcy to take the place of the one so expiring; and shall not 
commit or suffer any strip or waste of the granted premises, 
or any breach of any covenant herein contained, or any dc- 



AND FIRE INSURANCE. ) 73 

fault in the performance or observance of the condition of 
said prior mortgage, — then this deed, as also my note of even 
date herewith, signed by me whereby / promise to pay to the 
grantee or order the said principal sum and instalments of 
interest at the times aforesaid, shall be void. 

But upon any default in the performance or observance of 
the foregoing condition, the grantee, or his executors, admin- 
istrators, or assigns, may sell the granted premises, or such 
portion thereof as may remain subject to this mortgage in 
case of any partial release hereof, together with all improve- 
ments that may be thereon, by public auction in said Boston, 
County of Suffolk, first publishing a notice of the time and 
place of sale once each week for three successive weeks in 
some one newspaper published in said Boston, the first publi- 
cation of such notice to be not less than twenty-one days be- 
fore the day of sale, and may convey the premises so sold by 
proper deed or deeds to the purchaser or purchasers abso- 
lutely and in fee simple ; and such sale shall forever bar me 
and all persons claiming under me from all right and interest 
in the granted premises, whether at law or in equity. And 
out of money arising from such sale the grantee or his repre- 
sentatives shall be entitled to retain all sums then secured by 
this deed, whether then or thereafter payable, including all 
costs, charges, and expenses incurred or sustained by them 
by reason of any default in the performance or observance of 
the said condition, rendering the surplus, if any, to me or my 
heirs or assigns; and / hereby, for myself and my heirs and 
assigns, covenant with the grantee and his heirs, executors, 
administrators, and assigns that, in case a sale shall be made 
under the foregoing power, / or they will upon request exe- 
cute, acknowledge, and deliver to the purchaser or purchasers 
a deed or deeds of release confirming such sale, and said 
grantee and his assigns are hereby appointed and constituted 
the attorney or attorneys, irrevocable of the said grantor, to 
execute and deliver to the purchaser a full transfer of all 



74 INSTRUCTION IN REAL ESTATE 

policies of insurance on the buildings upon the land covered 
by this mortgage at the time of such sale. 

And it is agreed that the grantee, or his executors, admin- 
istrators, or assigns, or any person or persons in their behalf, 
may purchase at any sale made as aforesaid, and that no other 
purchaser shall be answerable for the application of the pur- 
chase money; and that, until default in the performance or 
observance of the condition of this deed, / and my heirs and 
assigns may hold and enjoy the granted premises and receive 
the rents and profits thereof. 

And for the consideration aforesaid, Two Thousand Dol- 
lars, I, Mary L. Smth, wife of John M. Smith, do hereby re- 
lease unto the said grantee and his heirs and assigns all right 
of or to both dower and homestead in the granted premises, 
and all other rights and interests therein. 

In witness whereof we the said John M. Smith and Mary 
L. Smith hereunto set our hands and seals this first day of 
January in the year one thousand nine hundred and seven. 
Signed and sealed in presence of 

HENRY JONES. 
WILLIAM CARR. 

JOHN M. SMITH. (Seal) 

MARY L. SMITH. (Seal) 

COMMONWEALTH OF MASSACHUSETTS. 

ss. 19 • Then personally appeared the above-named 

and acknowledged the foregoing instrument 
to be free act and deed, before me — 

Justice of the Peace. 
19, h m M. Received and entered with 

Deeds, book page 

Attest : 

Register. 



AND FIRE INSURANCE. 75 

FORM OF NOTE. 

January i, 1907. 
$2000. 

For value received I, John M. Smith, promise to pay to 
William J. Barnes or order, the sum of two thousand dol- 
lars in one year from this date, with interest to be paid semi- 
annually at the rate of six per cent, per annum during said 
term, and for such further time as the s^id principal sum, or 
any part thereof, shall remain unpaid. 
Signed in the presence of 

JOHN M. SMITH. 



Secured by mortgage of Real Estate in Boston, Mass., to be 
recorded in Suffolk Registry of Deeds. 

RELEASE OF A MORTGAGE. 

Whereas, A. B., by indenture of mortgage, dated the 

day of A. D. 19. . ., recorded in the office for the re- 
cording of deeds, in and for county, in the state of 

, in mortgage book B, page did grant in 

mortgage to me, C. D., of the township of , in the 

county of , to secure the payment of the sum of 

dollars, with interest, a certain messuage, tenement, etc. (here 
describe the premises as set forth in the mortgage). And 
whereas the said A. B. is desirous of having his said messuage 
and lot relieved from the operation of said mortgage. 

Now I, the said C. D., in consideration of the premises, and 
of the sum of one dollar, to me in hand paid, by the said A. B., 
the receipt whereof I do hereby acknowledge, have cove- 
nanted, promised, and agreed, and hereby do, for myself, my 
executors, administrators, and assigns, covenant, promise, and 
agree, with the said A. B., his heirs and assigns, that no exe- 
cution or other final process, or proceeding in law, shall be 
used, levied, taken, or executed by me, my heirs, executors, 
administrators, or assigns, by virtue of the said mortgage, on, 
for, or against the messuage and lot conveyed by the said A. 



"^(i INSTRTICTtON IN REAL ESTATE 

B., to me, tlie said C. D., as above recited ; and by tbese pres- 
ents, do remise, release, and forever quitclaim unto the said A. 
B., his heirs, executors, administrators, and assigns, the afore- 
said described premises. 

In witness whereof, I the said C. D., have hereunto set my 
hand and seal, the day of , A. D. 19. . . , 

C D. (seal.) 

Signed, sealed and delivered in presence of 

E. F. 

G. H. 

ASSIGNMENT OF MORTGAGES. 
You will meet with many cases where a person has a mort- 
gage on a property, and wants his money before it is due. 
When this happens, he generally goes to a Broker and asks 
him to find a purchaser. When the Broker has found -a 
party willing to take the mortgage, all that is necessary is to 
fill out an assignment blank and have it recorded. The 
Broker charges the same commission he would on a new 
mortgage. 

ASSIGNMENT OF MORTGAGE. FORM. 

Know all men by these presents that I, John Jones of Bos- 
ton, Massachusetts, owner of a certain mortgage given by 
Henry Smith to me dated January iirst A.D. 1904, and re- 
corded with Suffolk Registry of Deeds, libro 2900 folio 316, 
in consideration of Five Thousand dollars paid by Arthur 
Summer, the receipt whereof is hereby acknowledged, do 
hereby assign, transfer, and set over unto the said Arthur 
Summer the said mortgage deed, the real estate thereby con- 
veyed, and the note and claim thereby secured. 

To have and to hold the same to the said Arthur Summer 
and his heirs, and assigns, to their own use and behoof for- 
ever; subject nevertheless, to the conditions therein contained 
and to redemption according to law. 



AND FIRE INSURANCE. 'J'J 

In witness whereof / hereto set my hand and seal this Urst 

day of January A.D. 1907. 

Signed and sealed in presence of 
THOMAS KELLY. i 

JOHN RYAN. ' 

JOHN JONES. (Seal) 

CHATTEL MORTGAGES. 
A Chattel Mortgage is a written instrument, transferring 
the ownership of personal property therein mentioned, condi- 
tionally. The condition is, that it is to become the property 
of the one to whom it is mortgaged, if the mortgagor fails 
to make payment in the manner specified in the mortgage. 

CHATTEL MORTGAGE FORAL 

Know all men by these presents that I, John M. Smith of 
Boston, County of Suffolk and Commonwealth of Massachu- 
setts in consideration of Five Hundred Dollars paid by Henry 
A. Jones of Boston, County of Suffolk and Commonwealth 
of Massachusetts, the receipt whereof is hereby acknowledged, 
do hereby grant, sell, transfer, and deliver unto the said 
Henry A. Jones the following goods and chattels, namely : 
Eight oak chairs, two oak tables, piano, six mahogany chairs, 
three mahogany tables, four beds, four dressing cases, six oil 
paintings, and all kitchen utensils in suite tivo, number 
Twenty Melrose Street, Boston, Massachusetts. 

To have and to hold all and singular the said goods and 
chattels to the said Henry A. Jones and his executors, admin- 
istrators, and assigns, to their own use and behoof forever. 

And / hereby covenant with the vendee that / am the law- 
ful owner of the said goods and chattels; that they are free 
from all incumbrances, that / have good right to sell the same 
as aforesaid ; and that / will warrant and defend the same 
against the lawful claims and demands of all persons. 

Provided, nevertheless, that if / or my executors, admin- 
istrators, or assigns shall pay unto the vendee, or his execu- 



78 INSTRUCTION IN REAL ESTATE 

tors, administrators, or assigns, the sum of Five Hundred 
Dollars in one year from this date, with interest as stated 
in my note of even date signed by me, and until such payment 
shall keep the said goods and chattels insured against fire in 
a sum not less than Five Hundred dollars for the benefit of 
the vendee and his executors, administrators, and assigns, in 
such form and in such Insurance Companies as they shall ap- 
prove; shall not waste or destroy the said goods and chattels, 
nor suffer them or any part thereof to be attached on mesne 
process, and shall not, except with the consent in writing of 
the vendee or his representatives, attempt to sell or to remove 
from Suite Two, number Tzuenty Melrose Street the same or 
any part thereof, — then this deed, as also the aforesaid note, 
shall be void. 

But upon any default in the performance or observance of 
the foregoing condition, the vendee, or his executors, admin- 
istrators, or assigns, may sell the said goods and chattels at 
public auction, first giving ten days' notice in writing of the 
time and place of sale to me or my representatives, or pub- 
lishing such notice once a week for three successive weeks 
in some one newspaper published in said Boston. And out of 
the money arising from such sale the vendee, or his repre- 
sentatives shall be entitled to retain all sums then secured by 
this mortgage, whether then or thereafter payable, including 
all costs, charges, and expenses incurred or sustained by him 
or them in relation to the said property, or to discharge any 
claims or liens of third persons affecting the same; rendering 
the surplus, if any, to me or my executors, administrators, or 
assigns. 

And it is agreed that the vendee, or his executors, admin- 
istrators, or assigns, or any person or persons in their behalf, 
may purchase at any sale made as aforesaid; and that until 
default in the performance or observance of the condition of 
this deed / and my executors, administrators, and assigns, 
may retain possession of the above mortgaged property and 
may use and enjoy the same, but after such default, the ven- 



AND FIRE INSURANCE. 79 

dee or those claiming under him may take immediate posses- 
sion of said property and for that purpose may, so far as I 
can give authority therefor, enter upon any premises on which 
said property or any part thereof may be situated, and remove 
the same therefrom. 

In witness whereof / the said John M. Smith hereunto set 
my hand and seal this first day of January in the year one 
thousand nine hundred and seijen. 
Signed and sealed in presence of 

JOHN JONES. 

ARTHUR PAUL. 

JOHN M. SMITH. (Seal) 
190 h m M. Received and 

entered in Records of Mortgages of Personal Property in the 
Clerk's office of the of libro , folio 

Clerk. 

FORM OF NOTE. 

January i, 1907. 
$500.00 

For value received, // John M. Smith promise to pay to Henry 
A. Jones or order, the sum of Five Hundred Dollars in one 
year from this date, with interest to be paid monthly at the 
rate of six per centum per annum during said term, and for 
such further time as the said principal sum, or any part 
thereof shall remain unpaid. 
Signed in presence of 

JOHN JONES. 

ARTHUR PAUL. 

JOHN M. SMITH. 
Secured by Mortgage of Personal Property in Boston, 
Mass., to be recorded in Registry Clerk's Office in Boston. 

EXCHANGES OF REAL ESTATE. 
Another department of the Broker's business is the ex- 
changmg of Real Estate. There are opportunities constantly 



80 INSTRUCTION IN REAL ESTATE 

arising to obtain customers who are dissatisfied with prop- 
erty they own and who would Hke to exchange. This is par- 
ticularly gratifying to the Broker, as he obtains double com- 
mission. That is, he gets full commission from each party. 
Generally the exchange price is much higher than the asking 
selling price. For instance: if a man would sell his house 
for $10,000 cash, he would probably ask $12,000 for it to ex- 
change for another property. Sometimes exchanges are even, 
where the property is of equal value ; in other cases, one party 
has to pay cash to boot. The business is treated exactly the 
same as two separate sales would be. 

The agreement papers are drawn, titles examined and deeds 
drawn and recorded. 

EXCHANGE AGREEMENT. REAL ESTATE. 

Agreement made this Second day of February A. D. 1907, 
between John Jones of Boston, Massachusetts, party of the 
first part, and Arthur Smith of Boston, Massachusetts, party 
of the second part. 

The party of the first part, in consideration of the agree- 
ment of the party of the second part hereinafter contained, 
hereby agrees, upon conveyance and payment by the party 
of the second part as hereinafter mentioned, to convey to the 
party of the second part a certain parcel of land, with the 
buildings thereon, situated in Boston and bounded and de- 
scribed as follows : Estate No. 60 Miinroe Street, Roxbury, 
Mctssachusetts. The same to be conveyed by a good and suffi- 
cient Warranty deed of the party of the first part, conveying 
a good and clear title to the same, free from all incumbrances. 

The party of the second part, in consideration of the agree- 
ment of the party of the first part hereinbefore contained, 
hereby agrees, upon conveyance by the party of the first part 
as hereinbefore mentioned, to pay to the party of the first part 
the sum of One Thousand Dollars in cash, and to convey to 
the party of the first part a certain parcel of land, with the 
buildings thereon, situated in Boston and bounded and de- 



AND FIRE INSURANCE. 8l 

scribed as follows : Estate No. 20 Cortes Street, Boston, Mass- 
achusetts, the same to be conveyed by a good and sufficient 
Warranty deed of the party of the second part, conveying a 
good and clear title to the same, free from all incumbrances. 

Rents and all other incomes or outlay and the taxes assessed 
for the year 1907, shall be apportioned as of the day of the 
delivery of the deeds. 

This agreement shall be performed by the parties, concur- 
rently, on the -fifth day of March 1907, at two o'clock P. M., 
at the office of The Suffolk Registry of Deeds. 

If either party shall be unable to give title or to make con- 
veyance as above stipulated, this agreement shall be wholly 
void. 

In witness whereof the said parties hereto, and to another 
instrument of like tenor, set their hands and seals on the day 
and year first above written. 

Signed and sealed in presence of 

JOHN JONES. (Seal) 

ARTHUR SMITH. (Seal) 

Witness. 

HENRY KANE. 

OPTIONS. 

An Option is an agreement between the owner of a property 
and another, whereby a person may have the privilege, for a 
certain sum of money, of buying the property before a cer- 
tain time. 

An option on Real Estate is taken for the purpose of resell- 
ing it at a profit, or securing it for some prospective pur- 
chaser. Should the option expire before you have found a 
purchaser, the money you have paid for the privilege is for- 
feited and you have no further claim against the owner. 

OPTION ON REAL ESTATE. 
Know all men by these presents that /, John M. Smith of 
Boston, in the County of Suffolk and Commonwealth of Mas- 



82 INSTRUCTION IN REAL ESTATE 

sachusettSj the party of the first part, in consideration of Five 
Hundred dollars paid by William T. Jones the party of the 
second part, the receipt whereof is hereby acknowledged, 
hereby for myself, my heirs, executors and administrators, 
agree to sell and convey to the said party of the second part, 
or his assigns, the following described property for the fol- 
lowing consideration: The property consists of a certain lot 
of land with the buildings thereon, situated in Boston, in the 
County of Suffolk and Commonwealth of Massachusetts, 
hounded and described as follows, vis: — Beginning at the 
easterly corner of William Martin's land on Winter Street, 
thence running easterly on said Winter Street, one hundred 
(lOo) feet to land of Thomas Hart; thence turning and run- 
ning northerly by said Hart's land, seventy-five (75) feet to 
land of George Frye; thence turning and running westerly 
by said Martin's land sixty-five (65) feet to point of begin- 
ning on Winter Street. Being all the premises conveyed to 
me by Arthur M. Hartly, by deed dated December loth, 1885, 
and recorded with the Suffolk Registry of Deeds, Book 1018, 
Folio 625. 

The consideration to be paid by said party of the second 
part,' or his assigns, shall be Ten Thousand dollars. This op- 
tion may be accepted by the said party of the second part, or 
his assigns, within sixty days from the date of this instru- 
ment, and said conveyance shall be made within thirty days 

after such acceptance, by a warranty deed, with full 

Covenants and dower or curtesy release if necessary, convey- 
ing a clear title free from all incumbrances, /, William T. 
Jones said party of the second part, or his assigns, giving to 
John M. Smith said party of the first part, three days' notice 
in writing of the time and place where said conversance shall 
be made and executed. 

And it is agreed that, if the said party of the second part, 
or his assigns, shall fail to accept this option, or shall, after 
the acceptance of this option, fail to pay the said sum of Ten 
Thousand dollars, the consideration stated above, at the time 



AND FIRE INSURANCE. 83 

and place agreed upon and in accordance with tlie conditions 
as hereinbefore stated, he the said party of the second part, 
or his assigns, shall forfeit any and all sums paid to the party 
of the first part, as hereinbefore stated. 

In witness whereof, the said party of the first part hereto 
sets his hand and seal this first day of January in the year 
one thousand nine hundred and seven. 
In presence of 

JOHN HENRY. 

ARTHUR JONES. 

JOHN M. SMITH (Seal.) 

OPTION ON COAL LANDS WITH AGREEMENT FOR 
PRELBIINARY OPERATIONS. 

Articles of agreement, made and concluded this 

day of A. D. 19 , by and between of 

the one part, and of the other part : 

Witnesseth, that the said part of the first part, 

hcrc])y bargain. . and sell. . unto the part. . of the second part, 
their heirs and assigns, at the option of the said parties of the 
second i)art, and agrees to convey to them, their heirs or 
assigns, by good and sufficient deed, clear of all incumbrances 

within from date, all the merchantable coal, together 

with the right to mine coke and carry away the same, under- 
lying that certain tract of land situate in and 

bounded as follows : containing acres, be 

the same more or less And said parties of the 

second part, are hereby granted the right to immediately enter 
upon said land, and dig for, mine, coke and carry away said 
coal, and carry away other coal over and through said land, 
and to build such roads, railroads, chutes or tipples, and 
make such other improvements as are usual and necessary 
in mining and coking operations, without liability for injury 
to the surface, or water or otherwise. 

In consideration whereof, the said part... of the second 
part hereby covenant and agree to pay or cause to be paid unto 



84 INSTRUCTION IN REAL ESTATE 

the said part., of the first part, , heirs, executors, 

administrators or assigns, the sum of per acre, one 

dollar on the execution hereof, the receipt whereof is hereby 

acknowledged, and the balance payable as follows 

deferred payments to be secured by bond and mortgage on the 
coal conveyed, in case the land upon examination is found 
satisfactory, and the parties of the second part elect to take 
the same upon presentation and delivery of good and sufficient 
deed clear of all encumbrances, granting all mining and cok- 
ing rights 

In witness whereof, the said parties hereto have hereunto 
set their hands and seals, the dav and year first above written. 



Signed, sealed and delivered, in the presence of 



BILLS OF SALE. 
A Bill of Sale is a written instrument, transferring the own- 
ership of personal property therein mentioned, from one per- 
son to another. 

BILL OF SALE OF PERSONAL PROPERTY. 

Know all men by these presents that /, John M. Smith of 
Boston, County of Suffolk and Commonzvcalth of Massachu- 
setts in consideration of Five Thousand Dollars paid by Wil- 
liam Jones of Boston, County of Suffolk and Conimonzvealth 
of Massachusetts, the receipt whereof is hereby acknowl- 
edged, do hereby grant, sell, transfer, and deliver unto the 
said William Jones the following goods and chattels, namely. 
All the stock tools, machinery and all other personal property 
of zvhatsoever nature contained in the store, numbered Tzuo 
Hundred and Sixty-Four Tremont Street, Boston, County of 
Suffolk and Commonzvcalth of Massachusetts. 

To have and to hold all and singular the said goods and 



AND FiRt: mSURANCE. 85 

chattels to the said William Jones and his executors, admin- 
istrators, and assigns, to their own use and behoof forever. 

And / hereby covenant with the grantee that / am the law- 
ful owner of the said goods and chattels that they arc free 
from all incumbrances, that / have good right to sell the same 
as aforesaid ; and that / will warrant and defend the same 
against the lawful claims and demands of all persons. 

In witness whereof / the said John M. Smith of Boston, 
County of Suffolk and Commonwealth of Massachusetts, 
hereunto set my hand and seal this first day of January in 
the year one thousand nine hundred and seven. 
Signed, sealed, and delivered in presence of 

ARTHUR JONES. 

THOMAS HART. 

JOHN M. SMITH. (Seal) 



86 INSTRUCTION IN REAL ESTATE 



CHAPTER V. 

RENTING PROPERTY. 

Wherever it is possible, make arrangements with owners to 
give you the exclusive right to rent their property. As a 
general rule, owners are glad to place their property in a 
broker's hands. Chiefly, because he is in a position to get 
tenants quickly. 

For renting houses and suites without lease, the commission 
charge is 30 per cent, of one month's rent. This figures 
the same as 2 1-2 per cent, of a year's rent. One way to get 
property to rent is by advertising in the daily papers "as fol- 
lows : 

"LANDLORDS! ATTENTION: 

''We make a specialty of renting houses and suites. Place 
your property in our hands and secure tenants quickly. 

''Smith & Jones, 24 Milk Street, Boston." 

Another way is by what is called a blind advertisement, 
such as: 

"WANTED — A suite or house of six to ten rooms in a 
good neighborhood. Address, B. 164, Globe Office." 

These will bring replies from agents and owners and you 
can then see them personally. As on sales, where you rent 
through another broker, the commission is divided. 

When a house is placed in your hands to rent, find out all 
the details. How many rooms, kind of heat, amount of rent, 
whether there are any restrictions as to children, etc. 

Always look at the property yourself, then you can tell if 
it would suit your applicant. A broker who sends people to 
look at a house or suite before he has seen it, is apt to lose 
their trade, as it may be something directly opposite to their 
wants and they would lose confidence in his judgment. 



AND FIRE INSURANCE. 87 

Another thing we wish to impress on you is the importance 
of dealing with things as they come up. "Don't put off till 
tomorrow what can be done today," is the best motto we know 
of for a broker to bear in mind. More business has been lost 
through the dily dalying methods of some brokers than would 
have made them wealthy. If a person wants a house today, 
get it for him if possible, don't wait until tomorrow. Some- 
one else may get ahead of you. 

THE NEED OF THE BROKER. 

As long as people buy, sell or exchange, so long will the 
third party, or Broker, be necessary. It seldom happens that 
the owner gives his lowest price when offering a property for 
sale and it is less often the prospective purchaser accepts the 
first terms. Nine times out of ten, the prospective buyer 
makes an offer under the terms offered. The Broker then 
submits the offer to the owner, although he may feel certain it 
will be refused. 

He repeats the arguments of the intending buyer, as to why 
it is not worth the price asked and why he thinks the price 
offered should be considered. The owner finally recedes a 
little from the original price and the Broker goes back to the 
customer. He then repeats the arguments of the owner, as 
to its superior value and may add some of his own, as to simi- 
lar properties in the neighborhood that have brought more 
money, or he may have heard of some improvements that are 
to be made in the vicinity, which will cause the property to 
increase in value. This generally brings about an agreement 
on price. Then the other elements in the transaction, as to 
the amount of cash to be paid, the amount to remain on mort- 
gage, are usually disposed of quite easily. This attitude of 



88 INSTRUCTION IN REAL ESTATE 

buyer and seller will always be, and it makes necessary the 
offices of the Broker to bring the two together. 

When an owner is anxious to sell, he can invariably secure 
a much better price and a quicker sale, by placing his property 
in the hands of a Broker, than by trying to sell it himself; 
and where a buyer is anxious to secure some particular piece 
of property, he can secure it on better terms by employing a 
Broker than by trying to buy it himself. 

FUTURE OF THE BROKER. 

The future will demand a higher grade of service, and 
the man who will be best prepared to meet that demand 
will be the one to win the greatest success. There will 
always be (thousands of people who have land, city 
residences, tenement houses, flats, apartment houses, business 
properties, manufacturing plants, town and county proper- 
ties, farms, lumber and mineral lands, water rights, privi- 
leges, etc., that they are anxious to sell or exchange, and there 
will always be other thousands who are looking for oppor- 
tunities to invest in these properties. The buyer and seller 
cannot find each other and it is the business of the Broker to 
bring them together. He is the intermediary and it is through 
him that the interests of both buyer and seller will be best 
served. The Real Estate Broker should be and is as import- 
ant in the community as the banker, lawyer or journalist. In 
the past, many towns and cities have been laid out with little 
regard for beauty or for the public health. The importance 
of these things are now being fully realized and Real Estate 
men ought to be fully informed on these subjects and take 
the leadership to bring them about. The beautifying of a 
town or city and making life healthful within its limits, pro- 
motes growth and prosperity, and none are more directly 
benefited than the Real Estate man. 

The Broker should keep in touch with all proposed im- 
provements, whether public or private, such as parks, transit 
facilities, widening of streets, building of bridges, projected 



AND FIRE INSURANCE. 89 

business enterprises, and other features that contribute to 
value. The technical knowledge required of a successful 
Broker today is greatly in excess of what was required 
twenty years ago. 

In early days, values were low, transactions were small, and 
the capital necessary to complete these transactions conse- 
quently small. Today values have grown enormously, trans- 
actions have increased to immense figures, and the capital re- 
quired is often greater than any individual could furnish. 
Here the Broker with modern ideas comes in. He first se- 
cures an option on a desirable piece of land. He then pre- 
pares a schedule of cost of developing it, by cutting it up into 
small lots or by improving it with proper buildings to be 
rented or sold. Having carefully estimated the cost and ex- 
penses of the undertaking and the amount of mortgage that 
can be procured, he makes an estimate of the income from 
rents or profits of sale. With the statement prepared, he sub- 
mits his proposition to various capitalists, and takes steps to 
form an incorporated company, with the necessary capital to 
carry through the project. 

LAND COURT PROCEDURE. 

There has been created in many States, a court called the 
"Land Court," whose purpose is to give guaranteed titles to 
the petitioner. Their mode of procedure is as follows: — A 
petition is filed with the Court, praying that certain land may 
be registered. The Court immediately refers this to its own 
examiner, who examines the title and reports to the Court. 
This report is then open to examination by all parties inter- 
ested, and who have been notified by the Court. Additional 
evidence, either for or against the title may be introduced and 
finally, after everyone has been heard and everyone who has 
any possible interest notified, the Court will enter a decree (if 
it be so) declaring the title in the petitioner. This decree 
settles forever the title up to that time. Never again can it 



90 INSTRUCTION IN REAL ESTATE 

be gone into or attacked. This is the final judgment of the 
Court, and the State then guarantees the title. 

All transfers thereafter are made on this certificate, which 
is then returned to the Court to have a new one issued to con- 
form with the changes made. Thus, the certificate held by 
the owner, as well as the record of it kept in the recorder's 
office, show the exact status of the title beyond dispute. The 
advantages of this system are as follows : — It gives the owner 
a title to his land, based on a judicial decree, guaranteed by 
the Commonwealth, that is unimpeachable, thus enhancing 
the value of the land and protecting it from any attack, tend- 
ing to defeat the title. 

It enables mortgages to be made without the delay and 
expense of having the title looked up each time. The certifi- 
cate of the "Land Court" is all that needs to be examined. 
The saving in this way is more than the cost of registering. 

It enables transfers to be made without the delay and ex- 
pense of having the title looked up, which is quite an item 
generally, and always tends to make land easier to sell. 

It prevents errors and omissions being discovered too late 
to be rectified easily and without expense. 

It causes immediate notice of tax sales or other incum- 
brances to become known to the holders of certificates, as the 
certificates are required to be carried to the recorder's office 
as soon as .any incumbrance is placed on record. 

It prevents the creating of rights by adverse possession or 
by prescription. For lands bordering on public ways, where 
rights of way are likely to be gained, this advantage is very 
important. 

The Court charges are determined by the assessed value 
of the Real Estate, less the building. An Estate assessed for 
$5,000 would cost about $25.00. 

INSURANCE. 
When the parties to a contract of insurance have reached 
an agreement and all has been done which is required by the 



AND FIRE INSURANCE. 9I 

terms thereof, such as payment of premium or the like, the 
contract is complete even before the execution or signing 
and deHvery of the pohcy, for a contract of insurance may be 
verbal as well as written. The usual written and printed 
contract merely furnishes evidence as to what the contract 
consists of. 

If the policy, however, provide that it shall not become 
effective until the payment of the required premium, or that it 
shall cease to be eft'ective upon non-payment of a premium at 
the time and in the manner designated in the policy, the in- 
surer may treat it as inoperative until payment is made. Yet 
this right may be waived by the insurer by any act reason- 
ably indicating that it will not be insisted upon, and the 
waiver may be either expressed or implied, oral or in writ- 
ing, and it may be by the company or by its agent, and 
indeed the power of agents to bind an insurance company, 
in dealing with the general public, is quite extensive. But, 
of course, if the contract itself expressly limits the power 
of an agent to bind the company with respect thereto, the 
limitation will be effective. The insured will, however, 
be excused from payment at the requisite time if any act 
of the company causes the delay or renders it impracticable 
for the party to make payment. 

If the company be a foreign one and war break out be- 
tween the countries of the insured and the insurer, the policy 
will become inoperative if not entirely void during the pro- 
gress of the war and premiums need not meantime be paid. A 
policy of insurance will be construed, if the words will admit 
of it, to prevent a forfeiture, and any particular item in it will 
be construed as favorably as possible for the party against 
whom it was made. If a special clause conflicts with a gen- 
eral one the former will prevail, and if the printed and written 
portions of the policy conflict, the latter will prevail. If the 
description of the property insured be in part incorrect, yet 
if the property can be identified from the portion of the de- 
scription which is correct the insurance will still be effective. 



92 INSTRUCTION IN REAL ESTATE 

A policy of insurance is void unless the insured have an 
interest in the subject matter of the insurance, and anyone 
who would suffer from a destruction or loss of the subject 
matter has an interest such as the owner of real estate, or one 
who has contracted for its purchase or mortgagee or a lessee. 
In fact anyone having an interest may contract for the insur- 
ance of that interest. Anyone may contract for the insurance 
of the life of another upon whom he is dependent for support. 
He has an interest in that life. Parents and children have 
insurable interests in the lives of each other, as have also 
husbands and wives. A sister or a brother may or may not 
according to circumstances. A creditor has an interest in 
the life of his debtor; an employee that of his employer and 
vice versa, if the employment be of a permanent character, 
and a partner in that of his co-partner. 

If an insurance or other contracts expressly state that it is 
made with reference to the laws of another state or country, 
those laws will control it, and an application for insurance 
which states that it is subject to the laws of New York, though 
signed elsewhere, is to be interpreted and enforced in accord- 
ance with those laws. 

Frequently by the terms of a policy the written application 
commonly made by the insured is made a part of the contract 
or policy. If the insured in the application guarantees or 
warrants the existence of a given state of facts with reference 
to the subject matter of the insurance, the policy is void if the 
statements or any portion thereof are untrue. 

It may be here noted, however, that a warranty that the 
applicant's habits are correct or temperate will not be con- 
strued as having reference to occasional transgressions. If 
there be a mere statement or allegation as to the fact or facts 
without any warranty connected with it, upon the faith of 
which, however, the insurance is made, the policy will not 
thereby be avoided so long as the allegations be substantially 
true, and in order to make void the policy they must not only 



AND FIRE INSURANCE. 93 

be citlicr partly or totally false at the time the contract is made 
but must materially affect the risk. 

If questions in an application are not answered and the 
application is accepted in that form, the effect is the same as 
if the questions were not there. The fact that they are not 
answered does not amount to an allegation that there was no 
answer to make. The application when in writing is pre- 
sumed to contain all the allegations of fact made by the in- 
sured and usually evidence of oral statements will not be ad- 
mitted. An error in stating the value of property will not 
render a policy void unless it be shown that the misstatement 
was with fraudulent intent. The insurer is entitled to be in- 
formed of matters material to the risk, and if such matters be 
concealed and the insurer does not know of them, or does not 
have fair opportunity to know of them, the policy is void. 
Thus attempts to set fire to the property insured or adjoining 
property, or any matter materially affecting the risk, if it be 
not easily ascertainable by the insurer should be revealed to 
him. Where, however, an agent of an insurance company, 
knowing of the existence of a fact material to the risk, fills up 
a blank application for the insured to sign, containing a ques- 
tion to which that fact is pertinent, and omits to state or mis- 
states the fact in answer to the question without knowing of 
the omission or mis-statement, the company will not be re- 
leased. 

A notice to a general agent has the effect of a notice to the 
company. Unless expressly forbidden by the policy an agent 
may waive conditions therein contained, and in some cases 
notwithsanding such prohibition, to prevent a fraud upon the 
insured. Thus an agent may waive a requirement as to pre- 
payment of premium, or that the premises shall not remain 
vacant. 

One employed as a clerk by an insurance agent can not 
make the agent liable to the company for loss accruing on a 
policy which the company forbade the agent to issue, but 
which the clerk issued foregoing the agent's name thereon. 



94 INSTRUCTION IN REAL ESTATE 

If there be a contract to sell real estate and a loss by fire 
occurs thereon, the loss will fall on the vendor and he will be 
entitled to the insurance money if he have it insured. 

Fire insurance pays a commission of 5 per cent, to 20 per 
cent, of the amount of premiums, and once a policy is secured, 
its renewal on every expiration is an easy matter, generally. 

When calling on friends or others having insurable mer- 
chandise or property, find out when their policies expire, and 
at least a month before the expiration, call on them and see 
if you cannot secure their renewal. The Real Estate Broker 
has many advantages over the insurance agent, as he is con- 
tinually meeting people who have real estate and personal 
property and would rather insure through one who sells them, 
or who has charge of their property. 

Insurance rates are governed by the locality, and contents 
and nature of buildings. 

There is a uniform rate with all companies. For the ordi- 
nary dwelling house the rate would be about three dollars a 
thousand for one year, five dollars for three years and seven 
dollars and a half for five years. 

An agent, to collect a commission for insuring property lo- 
cated in the heart of a city, must hold a first-class certificate 
issued by the Board of Fire Underwriters, which costs about 
$10.00 a year. To collect a commission on property in the 
suburbs, a second-class certificate, which costs $1.00 a year, 
is all that is necessary. 

Any Insurance Company, to whom you apply for an agency, 
will give you all the necessary information regarding rates, 
certificates, etc. 



AND FIRE INSURANCE. 95 



CHAPTER VI. 



BROKER, AGENT, OPERATOR. 

As the terms "Broker" and "Agent" are misunderstood and 
misused by many people, it is timely to explain at this junc- 
ture their true meaning. 

A Broker is one who is the procuring cause of a sale be- 
tween buyer and seller. He must bring the minds of seller and 
purchaser together, and it must be through his efforts that 
they have agreed upon the terms and conditions imposed by 
the vendor. 

Having accomplished this, he is entitled to his commission, 
even if the sale is not completed by reason of any act or fault 
of the principal. The broker, at the outset, must make sure 
of which party to the sale is the principal, and must provide 
that a commission is to be paid. 

While the owners of property are usually the principals, 
this does not necessarily follow, unless there is some evidence 
of employment. Sometimes the purchaser becomes the prin- 
cipal and agrees to pay the commission. In securing leases 
the owner is usually the principal, and in negotiating mort- 
gage loans, the borrower is invariably the principal. 

An Agent is the personal representative of the owner, and 
in some cases he has the power of possession and the convey- 
ancing of property. One who collects rents and looks after 
the management of property is an agent. One who writes 
insurance is the agent of the insured. As many persons of 
means are taking advantage of the opportunities afforded for 
.safe and remunerative investment in tenement and apartment 
houses, hotels, lofts and office buildings, the field of the agent 
has broadened greatly. The amount of capital so invested 
is constantly increasing, so that there is a constant demand for 
men specially qualified to undertake the responsibilities of 
property management. 



9^ INSTRUCTION IN REAL ESTATE 

The Operator is a capitalist and may or may not be a broker. 
He buys and sells property as a speculation, and often his pur- 
chases and sales are effected through various brokers. 

It will be seen by these definitions that when one consum- 
mates a sale between owner and purchaser, or negotiates a 
lease or mortgage, he is acting in the capacity of broker; 
when collecting rents, managing property or writing insur- 
ance, he is acting in the capacity of agent; and when buying 
property for his own account with the view of selling again, 
he is acting in the capacity of operator. Most men engaged 
in the Real Estate business act as both broker and agent and 
some act as operator as well. 

REAL ESTATE. 

Real Estate means land, anything attached to or under it, 
such as buildings, grain, minerals, etc. Wherever the popu- 
lation of a town is rapidly increasing, a constant demand 
springs up for the land in its vicinity for the purposes of its 
principal industries, and also for the erection of buildings to 
meet the wants of the increasing population. The land around 
such towns is in a constant state of transition, presenting one 
year the appearance of a field in cultivation and the next of 
streets and houses. The increase in the value of the land in- 
duces capitalists to regard the purchase of land in the neigh- 
borhood of towns as a profitable speculation, in view of hold- 
ing it till such times as the demand may make it expedient 
to lay it out in building lots and to offer facilities to builders 
of more limited means. 

In looking at a good map of a town or city, especially if a 
recent map be compared with one of older date, it will gen- 
erally be seen that the growth has not proceeded regularly 
from the centre, but has been more rapid in some directions 
than in others. The shape or form of towns and cities is in 
a great measure determined by the nature of the circum- 
stances which have given rise to their growth. In ancient 
times, villages arose from the natural bent of the population to 



AND FIRE INSURANCE. 97 

gather themselves together for the sake of mutual society and 
protection. Some of these being found convenient centres 
for the exchange of produce or the necessities of life, became 
market towns and formed the meeting place of roads leading 
from all parts of the country. The same causes continue to 
influence the direction in which the most important growth 
takes place. 

In buying a piece of land upon which to build a house for 
one's own occupancy, individual necessities and tastes may 
be left to point out the most suitable position, but before pur- 
chasing land to lay out for building as an investment or incur- 
ring the expense of forming roads, etc., it is necessary to 
consider every question which may effect its legibility from 
other's point of view. Of course the first consideration is 
whether houses built in that position would be likely to attract 
suitable tenants, and the best criterion of this is found in the 
fact of a demand existing for houses in the immediate neigh- 
borhood as evidenced by those already built, being readily let. 
If, from any circumstances, sufficient opportunity for apply- 
mg this test does not exist, the distance from the business cen- 
tres and facilities for communication therewith, will gener- 
ally be the safest guide. Frontage or ready access to good 
roads is a necessity. The question of water supply is an im- 
portant one in relation to building estates ; and it should be a 
point for consideration whether the land comes within the 
area supplied with water by any company, and if so, the dis- 
tance from their existing pipes and terms upon which a sup- 
ply can be obtained, or if not, if a sufficient supply can be 
obtained from other sources at reasonable expense; also 
whether there is an available supply of gas ; condition of land, 
whether level or otherwise should also be taken note of. 

Thus, the main features which render land eligible for 
building upon are : A demand for houses in the vicinity, 
proximity to town or city, frontage to good roads, train or 
car accommodation, gentle gradients which afford facilities 
for drainage without making the roads too steep, sufficient 



98 INSTRUCTION IN REAL ESTATE 

level above the sea or neighboring rivers to insure freedom 
from floods, good water and gas supply, facilities for procur- 
ing building materials, pleasant scenery, healthy neighborhood 
and lastly, freedom from nuisance, caused by unpleasant 
trades or manufactures, as far as it can be obtained without 
necessitating too great distance from the scene of building 
operations. The wonderful growth of the manufacturing 
industries during the last half century has created an enor- 
mous demand for building land. The valuable interests in- 
volved and their due conservatism give employment to a large 
class of surveyors, whose practice consists for the most part 
in laying out and maturing for the market property of this 
character, and to the Real Estate Broker whose business it 
is to bring buyer and seller together and induce them to agree 
on terms. 

While, of course, every piece of property has a certain value 
the most desirable, from an investment point of view, might be 
classed in the following order: (i) Business property in the 
central business district; (2) business property outside of the 
central district; (3) apartment and store property combined; 
(4) apartment houses ; (5) single houses. A property, outside 
of the central business district, which nets from six to ten per 
cent., is considered a good investment property, provided it is 
not in a locality where real estate is decreasing in value. Cheap 
tenement property must pay a higher percentage on the 
amount of investment, for the above reason. 

A dwelling house without steam heat or janitor service, to 
be worth $10,000, should bring in a rental of $1,000 yearly. 
After paying taxes, insurance, and allowing 15 per cent, of the 
rental value for repairs and vacancies such a property would 
net about 61-2 per cent, on $10,000. Were it mortgaged for 
two- thirds of its value, it would net about 10 per cent, on the 
investment of $3,333. 

If your property consists of your home, or if it is your inten- 
tion to hold it for many years as an investment, and your 
means are limited, it is best never to mortgage it for more than 



AND FIRE INSURANCE. 99 

one-half its assessed value, as then you will not have any diffi- 
culty in renewing the mortgage or in having it transferred to 
another party should the mortgagee wish the loan paid. 

Property, with steam heat and janitor service, to be worth 
$10,000, should bring in a yearly rental of at least $1,200, as 
there is the added expense of coal and janitor's salary. 

Business property in the heart of a city generally nets be- 
tween 3 and 4 per cent., but the land increases in value a great 
deal quicker and a great deal more certain than it does in the 
dwelling districts. 

Great care should be taken to invest in a location where the 
demand for property is greatest. This you can tell by watch- 
ing the daily papers, which give an account of the Real Estate 
sales. The examples given are intended to show conservative 
investments. 

To invest with the object of securing a large increase in 
value in a few years is simply a question of judgment and no 
hard and fast rule can be laid down. Those who keep their 
eyes open and watch the trend of business and direction of 
growth of a town or city and who do not try to carry too big 
a load on their shoulders, are the ones who prosper. 

Never place a mortgage on your property or buy a property 
with a mortgage on it for a larger amount than you are sure 
you can take care of when it falls due, or you will be liable to 
lose it through foreclosure. When the interest or principal 
or both are not paid when due, the mortgagee can have the 
property sold at auction by first publishing a notice, once a 
week for three weeks in a local newspaper and notifying the 
mortgagor, if he can readily be found, that such sale is to 
be held. 

Any money derived from this sale, above all the debts on the 
estate, is paid to the mortgagor. 

PENALTY FOR MISDESCRIPTION. 
While a seller is not obliged to point out and expose obvi- 
ous defects in property, he must be very careful concerning 



100 INSTRUCTION IN REAL ESTATE 

concealment of such that are more or less secret or not dis- 
coverable by ordinary care and observation, as equity may 
relieve the purchaser from the contract. Wilfully misrepre- 
senting actual rent or not disclosing encumbrances is fraudu- 
lent. 

PRODUCTION OF DOCUMENTS, ETC. 
It is implied in unconditional sales that there is a perfect 
title and that the vendor can prove his right to sell the prop- 
erty. An abstract of title to it, and as prima facie evidence of 
ownership and commonly passing w^ith the Estate, the title 
deed must be produced, or if these v^ith other requisite docu- 
ments are out of the seller's custody, opportunity is, with 
some exceptions, to be given for their inspection, or, if not 
extant, their execution or loss should be made clear. 

GENERAL CONDITIONS OF SALE. 
At auction sales particularly, the rigorous character of the 
above requirement is modified by special conditions, limiting 
obligations of sellers and checking requirements of pur- 
chasers. Otherwise the cost of perfecting a more or less safe 
holding title, or one which, for most practical purposes, may 
be sufficiently sound as it stands, would often, from unreason- 
able requisitions, be disproportionate to security desired or 
value of property. Valid marketable titles to large properties, 
which equity would enforce on unwilling purchasers under 
unqualified contracts for sale, are very uncommon, except in 
the case of old family estates which seldom come into the 
market. Thus commonly, title is stated to commence with 
an instrument barring prior investigation ; and purchasers are 
also required to defray expenses of obtaining certain evidence 
they may desire in verifying the abstract or otherwise, but the 
seller producing documents in his possession or power. Some- 
times, each party bears half the cost of searches, and occa- 
sionally, but very rarely, all evidence of title is furnished at 
the buyer's expense. Of course the seller may provide that 



AND P}m TNStlRANCE. tOt 

ho inqilify sliall be made into title nor any objection or requi- 
sition be urged on other points; and similarly, the purchaser 
may admit title and require no evidence on other matters. 
The phrase, such title as the seller has, does not absolve him 
from proving it so far as he can from documents in his power. 

POSSESSION OF TITLE DEEDS. 

If the title deeds, showing the seller's right to property, 
can neither be delivered nor inspected, it is obvious that past 
and future sales and mortgages may be sheerly speculative, 
independent of risk of dispossession, equity deeming absence 
of deeds, if not satisfactorily explained, as constituting con- 
structive notice of prior claim. 

Generally speaking, the possession of the deeds is all that 
a purchaser has to depend on, and in most cases this protec- 
tion, coupled with an examination of the title they disclose, is 
found to be sufficient, but others are certain circumstances in 
which the possession of the deeds can afford no security. 
Thus, the possession of the deed is no safeguard against an 
annuity or rent charge payable out of the lands; for the 
grantee of a rent charge has no right to the deeds. So the 
possession of the deeds showing the conveyance to the ven- 
dor of an estate in fee simple, is no guarantee that the ven- 
dor is now actually seized only of a life estate, as he may have 
settled the property. Still, such cases are so very few that 
although no absolute certainty of safety is attained, the proba- 
bilities arising from the possession of the title deeds, when 
they show a good apparent title, and there is nothing to sug- 
gest suspicion, are so considerable as to give rise to that moral 
certainty which is ordinarily relied on and is sufficient to 
enable the course of business to proceed with facility and 
regularity. 

ARBITRATION. 
Differences or disputes often arise between the owners of 
properties, as to party walls, fences, easements, etc., and when 



102 INSTRUCTION IN REAL ESTATE 

this happens, the best way to settle the difference is by arbitra- 
tion. 

Arbitration is an agreement by parties who have a contro- 
versy, to submit the matter to a third party for adjustment. 
When the matters in difference are simply those of opinion 
merely, it is often more expeditious and satisfactory to sub- 
mit them to the decision of mutual friends than to the regu- 
larly constituted authorities. The agreement to refer matters 
in difference to the decision of a third party is called a sub- 
mission. 

The decision of the arbitrators is called an mvard. The 
award should be specific and distinct, containing the decisions 
of the arbitrators in as clear and concise language as possible. 

When the arbitration is under a rule of court, the award 
should be sealed up and delivered to the court without delay. 

GENERAL SUBMISSION TO ARBITRATION. 
Whereas, differences have for a long time existed, and are 
now existing and pending, between A. B., of . . . ., and C. B., 
of the same place, in relation to divers and sundry matters of 
controversy and dispute : Now, therefore, we the undersigned 
A. B. and C. D. aforesaid, do hereb}^ mutually covenant and 
agree to and with each other that E. F., G. W. and I. J., 
of . . . ., or any two of them, shall arbitrate, award, and deter- 
nline of and concerning all and all manner of action and 
actions, cause and causes of actions, suits, controversies, 
claims, and demands whatsoever, now pending, existing, or 
held, by and between us, the parties aforesaid ; and we do fur- 
ther mutually covenant and agree, to and with each 
other, that the award to be made by the said arbitrators, or 
any two of them, shall in all things by us, be well and faith- 
fully kept and observed ; Provided, however, that the award 
aforesaid be made in writing, under the hands of the said 
E. F., G. W., and I. J., or any two of them, and ready to be 
delivered to the said parties in difference, or to such of them 
as shall desire the same on the. . . .day of. . . .A. D., 19. . . . 



AND FIRE INSURANCE. IO3 

Witness our hands and seals, this .... day of . . . . , A. D., 



19. 



Signed, sealed and delivered in presence 



A. B., (seal.) 
C. D., (seal.) 

K. L., 
M. W. 



ARBITRATION BOND. 

(To be executed at the same time with the above.) 

Know all men by these presents, that I, A. B., of . . . ., am 
held and firmly bound to C. D., of the same place, in the sum 
of one thousand dollars (or other proper sum), good and 
lawful money of the United States to be paid to the said C. 
D., his executors, administrators, or assigns ; for which pay- 
ment well and truly to be made, I bind myself, my heirs, exec- 
utors, and administrators, firmly by these presents. 

Sealed with my seal and dated the .... day of . , . . , A. D., 
19.... 

The condition of this obligation is such, that if the above 
bounden A. B., his heirs, executors and administrators, shall 
and do, in all things well and truly abide by, perform and 
fulfill the award, decision and final determination of E. F., 
G. H. and I J., appointed and named on the part and behalf 
of the said A. B., as well as the C. D., to arbitrate, award, 
order and determine of and concerning all, and all manner 
of action and actions, cause and causes of actions, suits, con- 
troversies, claims and demands whatsoever, now pending, 
existing, or held by and between said parties, so that the said 
award be made in writing under the hands of the said E. F., 
G. H. and I. J., or any two of them, and ready to be delivered 
to the parties in difference, or to such of them as shall desire 

the same on or before the .... day of , A. D., 19. . ; then 

this obligation to be void, otherwise to remain in full force 
and virtue. A. B., (seal.) 

Signed, sealed and delivered in presence of 

K. L., 
M. N. 



I04 INSTRUCTION IN REAL ESTATE 

AWARD OF ARBITRATORS. 

To all whom these presents shall come, or may concern : — 
Send greeting, E. F., G. W. and I. J., to whom were sub- 
mitted as arbitrators, the matters in controversy existing 
between A. B., of . . . . , and C. D., of the same place, as 
by their submission in writing, dated the .... day of . . . . , 
A. D., 19.., more fully appears; Now, therefore know ye, 
that we, the arbitrators mentioned in said submission, having 
first been duly sworn according to law, and having heard the 
proofs and allegations of the parties, and examined the 
matters in controversy by them submitted, do make this 
award in writing, that is to say : 

(Here insert the conclusions of the arbitrators as to all the 
matters submitted for their decision.) 

And we do further award, adjudge, and decree, that the 
said A. B. and C. D. shall, and do, within ten days next ensu- 
ing the date hereof, seal and execute unto each other, mutual 
and general releases of all actions, cause and causes of actions, 
suits, controversies, and demands whatsoever, for, or by rea- 
son of, any matter, cause or thing, from the beginning of the 
world down to the date of the said submission. (Or what- 
ever the award may be.) 

In witness whereof we have hereto subscribed these pres- 
ents, this .... day of . . . ., A. D., 19. . 

E. F., (seal.) 
G. W., (seal) 
L J., (seal.) 

Signed, sealed and delivered in the presence of 

K. L., 
M. W. 

T^IUTUAL RELEASE ON AN AWARD. 

Know all men by these presents, that I, A. B., of for 

and in consideration of the sum of one dollar to me in hand 
])aid by C. D. of the same place, and in pursuance of an 
award made by E. F., G. W. and 1. J., arbitrators between us 



AND FIRE INSURANCE. IO5 

the said A. B. and C. D. and bearing date the day of 

, A. D., 19.., do hereby release and forever discharge 

the said C. D., his heirs, executors, and administrators, of 
and from all actions, cause and causes of actions, suits, con- 
troversies, claims and demands whatsoever, for, or by reason 
of, any matter, cause, or thing from the beginning of the 
world down to the .... day of . . . ., A. D., 19. . 

In witness whereof, I have hereunto set my hand and seal, 

this day of , A. D., 19. .. 

A. B., (seal.) 

Executed in presence of 

R. S. 

F. W. 

(A like release to be executed by the other party.) 

FORM OF REVOCATION. 

To E. F., G. W., and I. J. : 

Take notice, that I do hereby revoke your powers as arbi- 
trators under the submission made to you by C. D. and myself, 
in writing, on the . . . .day of . . . ., A. D., 19. . 

Witness my hand and seal, this .... day of . . . . , A. D., 
19. . A. B., (seal.) 

Witnesses : 

K. L. 

R. S. 

SEISIN. 
Seisin in fact exists where one has possession of real estate 
with intent to claim a freehold interest therein. Seisin in law 
exists where there is a right of immediate possession. It will 
be observed from this that a mere tenant or lessee is not 
seized of the real estate which he has leased. He claims no 
freehold interest and possession by himself is at the same 
time possession by the landlord through him. Seisin once 
established is presumed to continue until the contrary is 
shown, and as a general thing in the United States the making 



I06 INSTRUCTION IN REAL ESTATE 

and delivering of a deed passes the seisin of land without any 
formal entry. 

INCUMBRANCES. 

By an incumbrance is meant any right to or interest in or 
burden upon land which may subsist in third persons to the 
diminution of the value of the estate of the holder but which 
does not interfere with an estate in fee in the holder such as 
an easement or lien. A public highway is an incumbrance for 
one may be the owner in fee of the land over which a high- 
way passes, so is a private right of way and a claim of dower 
even though inchoate (that is, even though the husband be 
still living), also a mortgage. All these and also lien under 
tax laws have been held to be incumbrances within the mean- 
ing of the covenant against incumbrances contained in con- 
veyances. A condition on which an estate may be held is not 
an incumbrance. 

One selling real estate is bound to disclose to the purchaser 
the existing incumbrances and to deliver to him the instru- 
ments by which they were created or on which the defects 
arise, and a neglect to do this is fraud. It is the duty of the 
tenant for life (if there be one), of the real estate to pay inter- 
est on incumbrances to the extent of the rents or profits 
yielded thereby, and for any sum paid beyond that he becomes 
a creditor of the estate. If the principal of an incumbrance 
is paid off the portion to be paid to the owner of the life estate 
therein is the present worth of an annuity in his favor for 
life equal to the annual interest or income which he would 
receive, and this rule applies to estates in dower and cour- 
tesy as well as other life estates. 

PARTY-WALL 
Is a wall erected on the line between two adjoining proper- 
ties, belonging to different persons, for the use of both estates. 
In general, by statute, such walls must be built equally on both 
properties at the general expense of the owners; but, if only 



AND FIRE INSURANCE. IO7 

one owner wishes to use It, he builds it at his own expense, 
the other paying half of its value when in the future he shall 
make use of it. Each owner has a right to put his joists in 
it and use it for the support of his roof and house. 

When the party-wall has been built and the adjoining 
owner wishes to have a deeper foundation under it, he may 
undermine the wall, using due care and diligence to prevent 
injury to his neighbor, and if he do this he is not liable for 
injury that may arise. If one, in tearing down his building, 
takes down the party-wall with it he must erect another within 
a reasonable time and with the least possible inconvenience to 
his neighbor. If the wall requires repairs the other owner 
must contribute to the expense which however, may not exceed 
his portion of the cost of the old wall, or of a new wall similar 
to the old one. If the wall be taken down negligently so as to 
injure the neighboring house, damages may be recovered. 
Nevertheless it has even been said that it is not the duty of 
the person taking it down to prop up the house of his neigh- 
bor to prevent it from falling. This would seem to be an 
exceedingly doubtful proposition, at least where the change 
is not needed by the neighbor. In a recent case, it was 
decided that where two persons make use of a party-wall, one 
may tear it down and erect another where necessary for his 
purposes in such way, however, as to work as little inconven- 
ience as possible to his neighbor, building the new wall so 
that his neighbor can use it as he did the old, and reimburs- 
ing his neighbor ^for any necessary expense he may be put to 
by reason of the change. 

One does not have a right to put windows in a party-wall. 
The adjoining owner has a right to have the wall built solid. 

AN AGREEMENT IN RELATION TO PARTY- WALLS. 

This agreement, made the ... . day of , A. D., 19. ., 

between A. B., of , the first part, and C. D., of , of 

the second part, witnesseth : 

That whereas, the said A. B. is seized or possesed of a cer- 



to8 msTirfimoN m ^val kbtate 

tain lot or piece of ground situate in .... aforesaid and 
described as follows: (here insert the description of the land 
of the party of the first part;) and whereas the said C. D. is 
seized or possessed of a certain lot or piece of ground situ- 
ate in. .. .aforesaid, and described as follows: (here insert 
the description of the land of the party of the second part,) 
adjoining and contiguous to the said before-mentioned and 
described lot of ground of him the said A. B., and whereas, 
the said C. D. has lately erected on his own lot aforesaid, and 
along the division line between the above-mentioned lots, a 
brick tenement or building, of the length of .... feet, and 
of the height of .... stories, the end of which tene- 
ment is at the distance of .... feet from the .... front of 
the said lots, or .... street aforesaid. (Add here any other 
matter necessary to explain the transaction.) Now this 
indenture witnesseth, that the said C. D. doth hereby cove- 
nant, promise, grant, and agree, that the said A. B., his heirs 
and assigns aforesaid, shall and may at all times hereafter, 
have the full and free liberty and privilege of joining to the 
said .... wall of the said brick tenement, as well below as 
above the surface of the ground, and along the whole length 
thereof, any building which he or they, or any of them may 
desire, or have occasion to erect on the said lot along the 
division line aforesaid, and to use and enjoy the said wall or 
any part thereof, as a wall of the building or buildings so to 
be erected and to sink the joists of such building or buildings 

into the wall aforesaid to the depth of inches, and no 

further. 

Provided always, nevertheless, and on this express condi- 
tion, that the said A. B., his heirs and assigns as aforesaid, 
before proceeding to join any other buildings to the said wall, 
and before making any use thereof, or breaking into the same, 
shall pay or secure to be paid, unto the said C. D., his heirs 
and assigns aforesaid, the full moiety or one-half part of the 
value of the said wall, or so mucli thereof as shall be joined 
or used as aforesaid, which value shall be fixed and assessed 
by ... . 



AND FIRE INSURANCE, IO9 

In witness whereof, we have hereunto set our hands and 

seals, this day of , A. D., 19. . 

A. B. (Seal) 
C. D. (Seal) 

Sealed and delivered in the presence of 

E. F. 

G. H. 

RIPARIAN OWNERS. 

Where a river not navigable, or a stream, constitutes the 
boundary between property owners, the property of the 
respective owners w^ill extend to the middle of the stream, 
unless the courses which constitute the bounding lines of the 
property are expressly stated to be elsewhere. 

In some cases of streams that are navigable, even where 
the tide does not ebb and flow, the soil of the bed of the river 
belongs to the riparian owner, subject to the right of naviga- 
tion by the public. 

The title of a riparian owner on a navigable river in Ala- 
bama extends to low watermark. In New York, where the 
boundary of land is referred to in the deed as a navigable 
river where the tide ebbs and flows, high water mark is meant. 
In Vermont proprietorship in land adjoining a lake extends 
to the ordinary low water mark, not to an unusual one, and 
in Florida a grant of the land adjacent will not necessarily 
include that below high w^ater mark. 

IRRIGATION. 
Riparian owners have a right to what is termed a reason- 
able use of flowing water for purposes of irrigation. Regard, 
however, must be had to the rights and needs of all other 
proprietors on the same stream. What the extent of the use 
may be, that is, what is reasonable in each particular case, 
depends upon the circumstances connected with the case, 
and where a dispute arises, is a matter of fact to be deter- 
mined by a proper tribunal. Generally speaking, it would 



no INSTRUCTION IN REAL ESTATE 

seem that one in using the water for purposes of irrigation 
may not deprive another of the use of the same for domestic 
purposes and for watering stock, such uses being superior to 
all others. One riparian owner may not take all or too great 
a portion of the water for irrigation to the detriment of the 
established rights of others, and with greater force it may 
be said no one may waste water that others, having common 
rights with himself, need. Also surplus must be returned to 
the natural stream if diverted from it. 

A prior right to the waters of a stream for irrigation pur- 
poses may be acquired by prior appropriation which, under 
various statutory enactments must usually be evidenced by 
certain acts or proceedings. The right once vesting will be 
maintained and upheld, but it would appear that the right from 
prior appropriation will not be exclusive or superior to the 
rights of other riparian owners with respect to the quantity 
of water to be consumed except where there is statutory 
authority therefor. 

WATER AND WATERCOURSE. 

A grant of land includes all the rivers and streams natur- 
ally passing over its surface, but one may not use the stream 
so as to injure or annoy those situated on the course of it, 
either above or below. The landowner has no property in 
the water, but he may have the use of it, as it flows over the 
land, to operate mills or for other purposes. He may not 
dam it up upon the proprietor above nor discharge it so as 
to flood the proprietor below, nor divert it from the stream 
for irrigation to any unnecessary extent, nor may he obstruct 
or detain it except for a reasonable purpose, (such as to gain 
a head of water to run a mill), and to be again discharged 
so as to allow all on the stream a fair participation in the use 
of it. 

In some places, from necessity, statute laws have been 
passed permitting the backing of the water up upon an adjoin- 
ing property upon giving the owner reasonable compensation 



AND FIRE INSURANCE. Ill 

for the damage done, the amount of the damage to be ascer- 
tained by a process prescribed by the statute. The landowner 
must not corrupt the water by unwholesome impurities. 
Ejecting material into water, making it unfit for stock and for 
drinking purposes to proprietors below, is unlawful, at least 
when this can be prevented by proper appliances and pre- 
cautions. 

If one in the course of a proper use and improvement of 
his own land defect the course of surface water, he will not 
be liable therefor to others. In Iowa, however, it is held that 
in improving one's own land one must not change the course 
of surface water so as to unnecessarily injure his neighbor 
and one cannot gather water by artificial drains and dis- 
charge it upon his neigbor's land. In Minnesota it has been 
said that in draining land on a neighbor, it must be done so 
as to unnecessarily injure him or so as to make the injury 
to him out of proportion to the benefit secured and the water 
should be thrown into a natural drain if accessible. 

Rights to the use of water may, of course, be acquired by 
contract with a license from other property owners; also by 
uninterrupted adverse enjoyment (that is, use under claim of 
right), of a privilege respecting water or a dam or race on 
the land of another for the period required to acquire title 
by adverse possession (in most places twenty years), which 
raises an implication that a contract for the such enjoyment 
was actually made, and will have the same effect as if such 
contract had been made. 

When a stream is mentioned as a boundary between two 
properties, ownership will extend to the middle of the stream 
unless otherwise stated, but neither owner can carry oft* part 
of the water without the consent of the other nor may he 
even divert the course of the bulk of the water within the 
stream. One who has a right to appropriate water for a 
given purpose may change the character and purpose and 
place of appropriation, so long as it does not interfere with 
the acquired rights of subsequent appropriators. 



112 INSTRUCTION IN REAL ESTATE 

If there be an underground flow of water which comes to 
the surface on the land of another person, as a spring, the 
course of the underground stream may not be diverted by the 
upper owner to the injury of the owner of the spring. Sub- 
terranean streams of water may not be diverted or polkited 
any more than streams upon the surface. 

Water companies, within the territory they undertake to 
supply, are bound to furnish water to all who offer to pay 
for it. 

NOTICE OF WATER RIGHT. 
State of . . . ., County of .... ss. 
To all whom these presents may concern : 

Be it known that , of . . . . , in said county and state, 

do hereby publish and declare, as a legal notice to all the 
world, . . . . : 

I. That .... ha. . a legal right to the use, possession, and 
control of and claim .... inches of the waters of .... in 
said coimty and state, for irrigating and other purposes. 

II. That the special purpose for which said water is 
intended to be used, and the place of intended use is .... 

III. That .... have taken said water out of, and diverted 
it from said .... by means of . . . ., which said .... is .... 
inches by .... inches in size and carries or conducts .... 
inches of water from said . . . . ; said .... taps and diverts 
the water from said stream at a point upon its .... bank . . . . ; 
thence running, or to run, to and upon said described land 
(and through said land, if .... so desire, to any requisite 
point of final discharge). 

IV. That .... appropriated and took said water on the 
.... day of . . . ., A. D., 19. ., by means of said .... 

V. That the name .... of the appropriator .... of said 
water .... 

VI. That .... also hereby claim said ditch and the right 
of way therefor, and for said water by it conveyed, or to be 
conveyed, and from said point of appropriation to said land 



AND FIRE INSURANCE. 113 

or point of final discharge, and also the right of location upon 
any lands of any dams, flumes, reservoirs, constructed, or to 
be constructed, by .... in appropriating, and in using said 
water. 

VII. That .... also claim the right to keep in repair and 
to enlarge said means of water appropriation at any time, 
and the right to dispose of the said right, water, ditch, or 
said appurtenances, in part or whole, at any time. 

Claiming the same, all and singular, under any and all laws, 
national and state, and .... rulings and decisions thereunder, 
in the manner of water rights. 

Together with all and singular the hereditaments and ap- 
purtenanes thereunto belonging or appertaining, or to accrue 
to the same. 

Witness .... hand at . . . . , . . . . , this .... day of . . . . , 

19.- 

State of . . . . , County of , ss : 

.., having first been duly sworn, depose., and say., that 
he .... of lawful age and .... the appropriator . . and claim- 
ant of the water and water right mentioned in the foregoing 
notice and statement of appropriation and claim, and the 
person. . whose name. . subscribed thereto as the appropri- 
ator. . and claimant; that he knows the contents of said notice 
and statement foregoing, and that the matters and things 
therein stated are true. 

Subscribed and sworn to before me this .... day of . . . ., 
A. D., 19.. 

.... County, 

I hereby certify that the within notice of location of water 
right was filed for record on the .... day of . . . ., 19. ., at 
. . o'clock . . m. and is duly recorded in volume . . of water- 
right location records on page . . , records of ... . county 

Attest my hand and seal of said county. 



County Recorder. 

By 

Fee, $. . . . Deputy. 



114 INSTRUCTION IN REAL ESTATE 

CLAIM OF PRIORITY FOR WATER RIGHT. 

State of . . . . , County of .... ss : 

In the district court. 

In the matter of the adjudication of priorities of water 
district No. . . 

The undersigned hereby makes statement of claim in the 
above entitled matter for the purpose of securing the benefits 
of the provisions of the law of the state fo. . . .in relation to 
the adjudication of priorities of water rights, and states: 

First. That he is owner of the ditch (canal or reservoir) 
hereinafter named and described, and situated in said water 
district No ; that his full name is . . . . , and his post- 
office address is .... 

Second. The name or said ditch (canal or reservoir) is 
the 

Third. The head gate of said ditch (canal or feeder for 
said reservoir) is located on the .... bank of .... from 
which natural stream said ditch derives and diverts its supply 
of water, at a point whence the .... corner of section, T. ., 
R., bears .... feet. 

Fourth. From said head gate said ditch runs in a general 
.... direction a distance of .... feet, thence (etc., describ- 
ing the general course of the ditch or feeder).. 

Fifth. The length of said ditch is . . . . ; its width is .... 
feet at the bottom and .... feet at high-water line ; the depth 
of water carried by said ditch is .... feet ; its grade is .... 
feet per mile. 

Sixth. The carrying capacity of said ditch (or feeder) is 
.... cubic feet per second of time. (The capacity ot said 
reservoir is .... cubic feet when filled to high-water mark.) 

Seventh. The amount of water claimed by appropriation 
under and by means of the construction of said ditch is .... 
cubic feet per second of time. (The amount of water claimed 
under and by means of the construction of said reservoir is 
. . . .cubic feet.) 

Eighth. Work was commenced on said ditch (canal or 



AND FIRE INSURANCE. 115 

reservoir) on the day of , A. D., 19. ., from which 

time said appropriation of water is claimed to date. 

Ninth. The number of acres of land lying- under and 
along said ditch (canal or reservoir) and being irrigated by 
water therefrom is ... . 

Tenth. The size of said ditch (canal or reservoir) as 
enlarged (and extended) is as follows: Its length is ....; 
its width is .... feet at the bottom, and .... feet at high- 
water line ; its depth of water is .... feet. 

Eleventh. The increased capacity of said ditch (canal) 
arising from such enlargements is .... cubic feet per second 
of time. (The increased capacity of said reservoir arising 
from such enlargement is .... cubic feet.) 

Twelfth. Work was commenced on said enlargement on 
the .... day of . . . ., A. D., 19. . from which time the addi- 
tional appropriation of water by means of such enlargement is 
claimed to date. 

Thirteenth. The amount of water claimed by appropria- 
tion under and by means of such enlargement of said ditch 
(canal) is .... cubic feet per second of time. (The amount 
of water claimed by appropriation under and by means of 
such extension of said reservoir is .... cubic feet.) 

Fourteenth. The number of acres of land lying under 
and along said ditch (canal or reservoir) as enlarged and 
irrigated by water therefrom, is .... 

Witness hand and seal this day of 

...., A. D., 19.. 

(seal.) 

(seal.) 

State of , County of . . . ., ss: 

, being first duly sworn, on his oath says that he has 

read the foregoing, and that the matters and things set forth 
in such statement are true of his own personal knowledge. 



Subscribed and sw^rn to before me this day of . . 

A. D., 19.. 



H6 INSTRUCTION IN REAL ESTATE 

DEED OF A WATERCOURSE. 
This indenture, made the .... day of . . . . , in the year of 
our Lord one thousand nine hundred and . . . ., between A. B., 

of of the one part, and C. D., of , of the other part : 

Whereas the said A. B. and C. D., at the time of the seaUng 
and deHvery of these presents, are respectively seized in fee 
of and in two contiguous tracts, pieces or parcels of land, 
with the appurtenances, in the township of .... aforesaid : 
And whereas there is a dam and race, or watercourse, built, 
erected, and made, in and upon a certain run or stream of 
water called ...., within the land of the said A. B., for 
watering, overflowing, and improving of meadow-ground 
thereon : Now this indenture witnesseth, that the said A. B., 
for divers good causes and considerations, and more especi- 
ally for and in consideration of the sum of one dollar, to him 
in hand paid by the said C. D. at or before the ensealing and 
delivery hereof, the receipt whereof he doth hereby acknowl- 
edge, hath granted, bargained, sold, released, and confirmed, 
and by these presents doth grant, bargain, sell, release and 
confirm, unto the said C. D. and to his heirs and assigns, all 
the water, of the said run or stream of water, to be led and 
conveyed from the said dam, along the race or watercourse 
aforesaid, into the said land of the said C. D. for the space 
of three days in every week, to wit, from Wednesday evening 
at sunset to Saturday evening at sunset, from the first day 
of May to the first day of November (or as the case may be), 
yearly and every year, for the watering, overflowing, and 
improving of meadow-ground on the land of the said C. D., 
together with free ingress, egress and regress, to and for the 
said C. D., his heirs and assigns, and his and their workmen, 
with horses, carts, and carriages, at all convenient times and 
seasons, through the land of the said A. B., his heirs and 
assigns, in and along the banks of the said dam and race, or 
watercourse, for the amending, cleansing, and repairing the 
same, with liberty and privilege, for that purpose, to dig and 
take stones and earth from the adjacent land of the said A. B. 



AND FIRE INSURANCE. ; II7 

when and as often as need be, or occasion may require: To 
have and to hold all and singular the premises and privileges, 
hereby granted, or mentioned, or intended so to be with the 
appurtenances, unto the said C. D., his heirs and assigns, to 
the only proper use and behoof of the said C. D„ his heirs 
and assigns, forever; he or they paying one moiety or half 
of the expenses, which from time to time may accrue, in sup- 
porting, cleansing, and repairing the dam and watercourse 
aforesaid. 

In witness whereof, the said parties have hereunto set their 
hands and seals, the day and year first above written. 

A. B. (seal.) 
CD. (seal.) 

Signed, sealed and delivered in the presence of 

E. A. 

R. M. 



Il8 INSTRUCTION IN REAL ESTATE 

CHAPTER VIL 
OFFICE SYSTEMS. 

CARD SYSTEM FOR REAL ESTATE AGENTS. 

Up to a very few years ago, a real estate man kept practi- 
cally no records, except those necessary for bookkeeping. He 
carried his whole knowledge of the many details of his busi- 
ness in his head, depending on his memory for bringing at 
the right time, the right piece of property to the attention of 
the right customer. This class of real estate dealer is rapidly 
sinking into the minority. Competition has forced him to 
equip his office with records by which he can have instant 
access to full information concerning location, valuations, 
renting prices, insurance, mortgages, taxation, and apprais- 
als. For one just beginning to do business, all this informa- 
tion can be kept at first in a single drawer. Guide cards which 
project one-quarter of an inch above the other cards would be 
used to separate each class of cards, and serve to indicate the 
location of each class of information. 

Such records are practicable only on cards. The basic 
principle of the card system is that each word — each single 
record — is a unitj independent of every other unit in the col- 
lection of units which make up the card list — and can be ar- 
ranged and rearranged, added to or eliminated without affect- 
ing the rest of the list. 

A card list is consequently expansive at any point. New 
records can be added just where they belong, and records can 
be withdrawn as soon as they are dead. A book record is not 
expansive. No one can estimate the space required for 
growth. The result is interlineations, transferring, rewriting, 
confusion. Dead records cannot be eliminated from a book, 
but must obscure and congest the live records until a new 
book is written. 



AND FIRE INSURANCE. 119 

A single card record, by using cards of various colors, and 
tabs arranged at different positions across the top of cards, 
can be classified to practically any extent desired. A record 
in a book can be classified in a very limited way only. 

Again the unit idea on which the card system is based — a 
single record on a single card — standing in its exact place 
unobscured by obsolete matter — makes it the simplest and 
most comprehensive record ever devised. It can be referred 
to in less than half the time, and with half the labor that it 
takes to consult a bound book. Anything in modern business 
that will cut time and labor in two is a very valuable tool. 
Not only this, but where records are difiicult to consult, it is 
a fact that they will not be consulted with the frequency and 
care that the highest accuracy demands. For this reason, the 
card system is a great promoter of thoroughness and effi- 
ciency. 

In these fundamental features — simplicity, accuracy, com- 
prehensibility, expansion at any point, immediate elimination 
of dead matter and graphic classification by color and tab — 
lies the extraordinary efficiency of the card system which has 
revolutionized not only real estate records, but nearly every 
other record in modern business. Let us see how they apply 
directly to the records of a real estate office. 

RENTING. 

You can buy at your stationer's 3x5 inch cards of different 
colors. One color of the card is used for vacant land for 
rent; another color for houses to rent; another color for 
apartments for rent; another color for stores for rent; an- 
other color for factories and factory sites. The tab on the 
card shows the approximate selling price. For instance, a 
tab with No. i on it in the first position (extreme left of card) 
would indicate property renting at $1,000., tab No. 2 about 
$2,000, and so on. The cards are arranged in a tray by loca- 
tion of property, each street being arranged in order of street 
number behind a guide printed with name of that street. 



I20 INSTRUCTION IN REAL ESTATE 

The advantages of this arrangement will be apparent from 
an example : A customer is looking for an apartment on Tre- 
mont Street and wants to pay $1,500. a year. The real estate 
agent looks over his card index to Tremont Street and gives 
the information concerning the apartments which he has on 
Tremont Street, renting at approximately the price named. 
Instead of having to look through his whole list, he handles 
only cards for Tremont Street; and by the color of the card, 
indicating apartments, and the position of the tab card, indi- 
cating approximate price, he is enabled to pick out instantly, 
without looking at any other cards, those for the class of 
property and approximate price desired. 

PROPERTY FOR SALE. 
Property for sale is arranged in a different way, but is 
handled in exactly the same way, except that on the back of 
the card for the property for sale should be printed a diagram 
of a block. This enables the real estate man to locate the 
property in its relative position in the block by drawing it in 
on the diagram. 

INSURANCE. 

It is important that a real estate agent should keep an insur- 
ance record alphabetically arranged, and at the same time 
showing the time of expiration of each policy. This is done 
by using a standard expiration card. 

One card is used for each policy. If a piece of property 
has several policies on it, the cards for each policy are filed 
next each other. Each card has a tab indicating the expira- 
tion month of the policy. Each of these month tabs, twelve 
in number, has a different position across the upper edge of 
the card. 

Although the expiration cards are arranged in their tray 
alphabetically, the result is also an arrangement by months of 
expiration in tab rows. Term business one, two, three and 
five years is all run together, but all the policies expiring in 



AND FIRE INSURANCE. 121 

any given month are indicated by the corresponding row of 
tabs. To get at the expiration for any month, it is only neces- 
sary to pick out all the cards in the proper row, omitting 
those which expire in another year. Cards are removed from 
the tray and filed separately until policies are renewed. As 
each policy is renewed, the expiration card is marked with 
the new policy and new year of expiration. It is then returned 
to its alphabetical place in the general file. 

FOR PROSPECTIVE INSURANCE BUSINESS. 
In addition to using the card just described for policies 
which he has actually placed himself, the real estate agent 
uses the same form for prospective insurance business. When 
he finds that a client has placed his business elsewhere, he 
finds the date of expiration of the client's policy and makes a 
memorandum of that fact on a tabbed card, using the month 
tab which shows the expiration date. He then files the card 
in his regular expiration list so that he can follow this man 
for business at the opportune time. 

MORTGAGES. 

The same plan is used for keeping record of mortgages, not 
only of mortgages which the real estate agent has been able 
to negotiate himself for his customers, but mortgages for 
other pieces of property in the territory in which he is operat- 
ing, so that he can solicit this business at the opportune time. 
These are two systems which have been proven great busi- 
ness getters by the real estate firms using them. 

Records should be kept on tabbed cards of all individuals 
or estates having money to loan, the tabs indicating the 
amounts available for mortgages. Application cards should 
be filed alphabetically by the name of the one making the ap- 
plication for the loan until the same has been acted upon. If 
the loan is approved, and it is customary to keep consecutive 
number of loans, enter the proper number on card and file 
numerically behind guide card "Approved." If loans are not 



122 INSTRUCTION IN REAL ESTATE 

numbered consecutively, the card is filed alphabetically if de- 
sired for future reference. If loan is declined, file alphabeti- 
cally behind guide "Declined," thus segregating all undesir- 
able applicants, for future reference. 

PERMANENT RECORD. 

It is absolutely essential for a successful real estate busi- 
ness to have complete records of a permanent character in 
regard to every piece of property in the entire territory in 
v^hich he operates. This list is generally called a conveyance 
record. The card is an ordinary blank card; one card being 
used for every piece of property in the given territory. Cards 
are arranged by street and number of the property. On this 
card is either pasted or written the conveyance record, the 
mortgage record and the owner's name. The above informa- 
tion is valuable for the following reasons: it assists in deter- 
mining the valuation of property in any location ; it tells the 
name of the owner of every piece of property; it tells the 
amount of mortgage on every piece of property, which last 
information also assists in basing an estimate on the value of 
property. This combined information enables the real estate 
dealer to become an appraiser. 

It is an important matter to begin this card system right, 
and with little effort it will grow in a year or two to be of 
great assistance while in five years it ought to become a most 
valuable asset in your business. 

In addition to pasting on cards the records of transfers 
which you cut from the newspapers or real estate journals, it 
is a good idea to also make a note of trade or newspaper gos- 
sip respecting properties in your neighborhood. Those items 
sometimes throw light on subsequent transactions which may 
be of great value. 

Keep a record of all auction sales and the prices the prop- 
erties brought. Also keep a record of properties advertised 
for sale at auction, but withdrawn. These records give in- 
formation concerning properties on the market for sale, and 



AND FIRE INSURANCE. I23 

practically pressed for sale but could not secure an offer suffi- 
ciently near its value to warrant a sale. The offer refused 
would indicate the lowest figure that might secure a favor- 
able consideration. 

In arranging cards by streets or avenues, keep the even 
numbers together and the odd numbers together. In this 
way, you have all the properties on either side of the street 
or avenue together. 

VERTICAL FILING OF CORRESPONDENCE. 

The method of filing letters in general use until recently 
was to place them in fiat files arranged alphabetically — all 
letters beginning with A in the A section, all with B in the 
B section, and so on. This led to the greatest confusion and 
loss of time. For instance, if you wished to consult a par- 
ticular letter from jNIr. Angell, you might run across all the 
letters from Mr. Atwater, Mr. Ames, ]\Ir. Abbott, and all 
other A's, but Mr. Angell's letter might elude your notice in 
the shuffle. A method, therefore, which would keep together 
all the correspondence to and from one party, would prove a 
great time saving device, and if copies of your reply were at- 
tached to each original letter, when you found one, you would 
find the other. 

The vertical system of filing has successfully met these re- 
quirements and has proven a necessity in the real estate busi- 
ness as in every other modern form of business where sim- 
plicity, speed and accuracy are essential. 

The fundamental idea is to bring together, in one folder, 
all letters to and from each correspondent or referring to any 
given subject. 

To do this, detached sheet copies are taken of outgoing 
mail by copyer or by carbon. Each copy is placed with the 
letter it answers in the same folder. Folders are filed verti- 
cally in the cabinet drawer so that any other folder may be 
taken out and put back without disturbing the others. 

Numeric filing is almost invariably used in the real estate 



124 INSTRUCTION IN REAL ESTATE 

business. It simplifies the most complicated correspondence, 
and insures absolute accuracy and quickest reference. 

Tough manila folders of uniform size are numbered from 
one upward and filed consecutively. In each folder, all the 
letters to and from one correspondent or concerning one sub- 
ject are placed in order of date, those of latest date in front. 

Every letter received and copy of answer sent are marked 
with the number of that correspondent's folder, and the clerk 
who files goes simply to the number. There is no chance for 
guesswork or error. 

The index to correspondence is kept in a card index. One 
card is made out for each correspondent or subject, bearing 
name and address, and number of that correspondent's or 
subject's folder. This card is filed in an index tray, alpha- 
betically. To find number of folder containing any desired 
correspondence, refer to index card. The index card once 
made out, indexes a correspondent forever. 

The index has an additional value as a complete list of 
addresses of all persons or firms with whom business is trans- 
acted, and memoranda made on the card give condensed in- 
formation concerning person or concern it represents. 

If the real estate agent is the agent for all the property for 
one firm or one individual, he gives a correspondence number 
to that individual and sub-divides that number by A, B, and C. 
For example : If an agent is handling the property of this 
Company, he would give us, say, number loo. 

All general correspondence with the Company would be 
filed under loo. All correspondence in regard to property at 
24 Milk Street would be filed under looA. This, it is readily 
seen, places before him all the correspondence which he has 
had with the Company and yet sub-divides it so that he can 
get at any particular portion of that correspondence which he 
wants without going over the larger part of it. This system 
can be elaborated to fit any conditions and still be perfectly 
simple. 

With numeric filing the contents may expand from one 



AND FIRE INSURANCE. 125 

drawer into another, until the cabinet is full. Transfers may 
be made periodically by removing the entire contents of the 
cabinet at a given date, or by removing from each drav/er, at 
convenient intervals, correspondence which is actually dead, 
or which by reason of its date has no current value. 

The transferred correspondence may remain in the original 
folders, and should be arranged in numeric order in the 
transfer cases. 

New folders with the same numbers are placed in the cabi- 
net, and the next transfer is made by taking the matter out 
of the new folders and putting it into the old set in the trans- 
fer boxes. Each form, individual or subject retains the same 
number originally assigned to it. 

Current matters relating to it will be in the vertical file, 
and older matter in the transfer boxes, under the same num- 
ber. 

Transfer cases are made of heavy board, reinforced with 
cloth and covered with marbled paper. Half of one side 
doubles back, making it easy to consult the contents without 
removal. They go on edge, book fashion, on a common shelf. 

Whether a letter is one 3^ear or fifty years old, there is but 
one place in the transfer file to look for it. 

GUIDES AND FOLDERS. 
For convenience, guide cards are placed at intervals in the 
vertical file drawer, with numbered tabs projecting above the 
folders, dividing them into twenties. These guides are held 
in place by a rod running through eyelets in the centre of 
their lower edges, which allows them to slide back and forth 
but not to be moved out of order or taken out. The rod may 
be removed if desired. 

A SIMPLE CARD OUTFIT. 
It is not necessary when engaging in the business of real 
estate and insurance, to provide an expensive outfit of card 
cabinet cases, and a great variety of printed cards. 



126 INSTRUCTION IN REAL ESTATE 

At the beginning, one could commence with simply i,ooo 
plain ruled cards, which can be bought for $1.75; and an 
empty envelope box, collar or cuff box (or pasteboard box of 
similar character) which may be had in quantities for the ask- 
ing. Guide cards of different colors could be used to separate 
the cards of one class from those of another. These guide 
cards extend a quarter of an inch above the regular cards 
and indicate at a glance the character of the cards just behind 
them. The plain ruled cards can be had in a variety of colors, 
and a thousand might consist of five colors, two hundred of 
each color. 

As the expense item of cards is not a serious amount in 
any event, we would advise using the standard printed forms 
for most uses. The printed forms suggest noting down every- 
thing that might be desirable to have a memorandum of, while 
if one relies on his memory to ask all particulars and uses a 
plain card, he is liable to overlook asking the most important 
questions at the suitable time. A pasteboard box of suitable 
size, however, will serve to hold the cards just as well as a 
costly oak tray or drawer. 

A POCKET OFFICE SYSTEM. 

Not many years ago, it was said that most real estate brok- 
ers carried their office in their hat, and it is the boast of some 
that their hat — or the head beneath the hat — carry all the 
records of their office still. 

Every broker who wants to succeed must spend most of his 
time among his prospective buyers, and the owners of prop- 
erties. It is important to have ready at hand, information 
bearing on the properties he is interested in as broker or 
agent. A memorandum book is usually an aggravation. 
The 3x5 cabinet card is the ideal memo. When starting out 
to make your calls, you need take only cards of those proper- 
ties you think there is any probability of using. The vacant 
lots, tenement houses, steam-heated flats, houses or stores for 
rent, factories, farms, or whatever yoit are handling can bt 



AND FIRE INSURANCE. 127 

arranged as in a drawer, two or a dozen of each, and sepa- 
rated by guide cards. The entire number can be held to- 
gether by a couple of rubber bands, and you have a handy 
pocket office system, which will be of incalculable value to 
you, and one of the most advisable adjuncts in your whole 
business outfit. 

Our suggestions have been confined to the 3x5 card, as this 
is the popular size. Other sizes are 4x6 and 5x8. When 
one's business becomes extensive, the larger sizes will be 
found advantageous for some uses, particularly renting and 
leasing. 

AUCTIONEERING. 

You can obtain an Auctioneer's license by applying to the 
Mayor, Alderman, or Selectmen of your town or city. A 
license costs very little. 

Bonds to a reasonable amount may also be required. 

Auctioneers must keep account of goods sold and of sellers' 
and buyers' names. He can sell in any place in his County, 
or when employed by others, can sell real estate anywhere 
in the Commonwealth, if the real estate is situated where sale 
is made. 

If he sells by auction anywhere he is not authorized to, he 
is liable to a fine. 

If a person not licensed and qualified as an auctioneer at- 
tempts to auction Real or Personal Estate, he is liable to a 
fine. 

An auctioneer guilty of fraud or deceit in relation to sale, 
is liable to a fine. The usual method at sale is to describe 
the property, dilating on all the good points especially. 
Then call for bids. After the bids slacken, give the iirst 
call, and then the second call, finally the third and last 
call, waiting of course, between calls for further bids. Finally, 
when you think you have received the highest bid, you pro- 



128 INSTRUCTION IN REAL ESTATE 

noiince the property sold. There is nsnally a price fixed by 
the owner lower than which he will not let the property be sold 
at, preferring to buy it in himself and trying some other time. 
The commission is, of course, due just the same as if he had 
sold to another party. 

The commission charge for selling Real Estate by auction 
in the city is i per cent, of the selling price. Beyond the city 
limits 2 1-2 per cent. For selling personal property lo per 
cent. Added to above commissions, a charge is made for 
necessary advertising. 



AND FIRE INSURANCE. I29 



CHAPTER VIII. 



CONTRACTS. 

In discussing the subject of contracts, it is not the inten- 
tion to go into the purely legal consideration of the question, 
but it is important for every real estate broker to be familiar 
with the legal definition of contracts and to know their re- 
quirements. To do business successfully and to win the con- 
fidence of your clients, you must know something concerning 
the law of real estate. Many real estate brokers do not know 
as much about the law as their clients, and when this is the 
case, they neither inspire confidence or respect. 

When a man has decided to buy a parcel of real estate, 
whether it be a house, vacant lot, farm or something else, the 
question arises what shall he do to protect himself in making 
his contract for its purchase. 

While the term contract is the legal definition of all agree- 
ments, oral or written, to do or not to do, a certain thing upon 
sufficient consideration, it is necessary that to be binding, an 
agreement for the purchase or sale of real estate must be in 
"cvriting and signed by the parties to be bound. 

All agreements not under seal are called agreements by 
parol; those under seal are a specialty. 

Oral agreements come under the head of the former. Just 
here we wish to call your attention to the distinction between 
the words "Oral" and "Verbal." Oral means spoken and is 
the word usually intended to be used by most people, when 
they misuse the word "Verbal." Verbal means "by words," 
and everything written as well as spoken is done "Verbally." 

As written agreements can be more easily proven than oral 
ones, it is always advisable to reduce all agreements to writ- 
ing when this can be done. A grave drawback to all oral con- 
tracts is that terms and conditions that are desirable are not 
thought of at the time of making the contract, — and you can- 



130 INSTRUCTION IN REAL ESTATE 

not put them in afterwards. As we have already said, an 
agreement to purchase or sell real estate must be in writing, 
but your agreement with the owner that he is to pay you a 
commission when you have completed a sale, need not be in 
writing. There are some cases, however, in which the con- 
tract for the purchase or sale of real estate need not be in 
writing. For instance: — If A agrees to sell a certain prop- 
erty to B for a specified sum of money, and B goes into pos- 
session of the house, A can make him pay the money. It is 
advisable in written contracts to add a seal, as these are gen- 
erally regarded in law as of higher consideration. 

A seal, however, is not necessary in a contract for the pur- 
chase or sale of real estate, neither is it necessary that the 
contract should be signed by a subscribing witness. It is ad- 
visable however to have the instrument properly acknowl- 
edged before a Notary or Commissioner of Deeds or Justice 
of the Peace. Have it so acknowledged by all who sign it. 

A contract conveys an interest in action, and is an agree- 
ment between two or more persons to do or not to do a cer- 
tain thing based upon a sufficient consideration. Every con- 
tract must consist of the agreement, the consideration, and 
the thing to be done or not to be done. A contract without 
consideration is void. All written contracts to be valid should 
have a consideration named therein. A consideration is 
something given, done, or promised to be done, and is the 
essence of the contract. The amount of $1.00 may be a suffi- 
cient consideration, and when this is used, it is well to add, 
''and for other good and valuable considerations." 

If you should agree to give the refusal of your house and 
lot to another person, but the latter does not agree to take the 
house and lot, and there is no promise on his part, and neither 
money or other valuable considerations given, then the whole 
agreement would be void for want of consideration. You 
could not hold the other party, neither could he hold you. Mar- 
riage is a good consideration. If a man promises a woman to 
give her a certain property if she will marry him, and she 



AND FIRE INSURANCE. I3I 

accepts and carries out her part of the agreement, he can be 
made to keep his part of it. But a contract to convey real 
estate in consideration of love and affection cannot be en- 
forced. If, however, a deed be actually delivered for such 
a reason, this would be a valid consideration to uphold the con- 
veyance, unless the latter had been made to defraud creditors. 

Every contract should be so complete as to give either party 
his action upon it, and both parties must accede to all its 
terms. There are some exceptions to the rule, however, that 
contracts must be obligatory on both parties. A contract 
made by a minor, idiot or lunatic is not binding upon him, but 
he can hold you to all the conditions of the contract. A fraud- 
ulent contract may be binding on the party guilty of fraud, 
without laying any obligation upon the party acting in good 
faith. Guardians, trustees, executors, administrators, or at- 
torneys, cannot take advantage of those for whom they act by 
becoming parties to the contract. Contracts in which there 
are misrepresentation or concealment of material facts can- 
not be enforced. It is a fraud to conceal fraud. Fraud de- 
stroys every contract into which it enters. Oral evidence is 
allowed to explain, but not to vary or change a written 
agreement. Where a contract is under seal, and if it is re- 
quired by law to be in writing, it cannot be dissolved by a sub- 
sequent oral agreement. A contract can be extinguished by 
an agreement of both parties by simply tearing it up. 

If it is desired by both parties to an agreement to waive 
the performance of a part of it, this should be endorsed on 
the back of the agreement, and signed by the person or per- 
sons who so consent to waive it. 

The law of the state where the contract is made regulates 
the construction of the contract, and the law of the state 
where the contract is sought to be enforced regulates the 
remedy. Amounts and dates should always be written out, 
and not expressed in figures: thus — five thousand dollars, in- 
stead of figures $5,000.00. 

A wife has no dower right in a contract for the purchase 



132 INSTRUCTION IN REAL ESTATE 

of land. Her rights begin only after the title has been passed 
to her husband. 

Any person of legal age who is competent to do business 
and who is held legally responsible may enter into a contract. 
The term ''Legal Age" in law means a male person not less 
than 21 years of age or a female not less than 18 years of age. 

WHAT A CONTRACT IS. 

A letter in terms repudiating ability, but admitting the mak- 
mg of the contract, the letter being signed by the party to be 
charged, has been received as a sufficient memorandum in 
writing. And the terms of the bargain may be gathered from 
two or more separate papers if the contract contains such ref- 
erence to the other papers as to make them part of the former ; 
but they must be mentioned in the contract; the connection 
between unsigned papers and the contract cannot be made by 
parole evidence that they were intended to be read together 
or by evidence of facts and circumstances from which such 
intention may be inferred. It may be stated generally that 
the contract must state expressly the subject of sale, the 
terms, and the parties, with such certainty as to furnish evi- 
dence of a complete agreement. 

Contract by letter: — The contract might be the result of 
correspondence by letter. If we write to you that we will 
sell you our land on certain terms and you send us another 
letter accepting the terms proposed, the contract is complete 
the moment that you put your letter to us in the post office. 
So it would be if our letters were written by our duly author- 
ized agents. These letters must be definite. If we had writ- 
ten to you asking if you are the owner of certain real estate 
and what your price is, and you answer that you are the 
owner and state the price at which you hold it, that would 
not be an offer on your part to sell it to us. We could not 
clinch it by writing back to you that we would take the land 
at your price. 

And if someone had made you an offer through his agent to 



AND FIRE INSURANCE. 133 

buy your land, and you write to the agent accepting the offer 
and do not in your letter request him to have your acceptance 
delivered to his principal, unless you can prove that the latter 
had knowledge of it, the agent's letter and yours together 
would not make a contract. 

Date : — To begin with, you will date your contract. But, 
if from oversight the date of the agreement should be left 
out, that will not invalidate it, it will take effect frnm the date 
of its actual delivery. 

Parties : — Seldom does any question arise as to the parties 
to such a contract. Of course, an infant under twenty-one 
cannot sell land without a guardian appointed for that pur- 
pose by the court, and an order of the court that such land be 
sold for the infant's benefit ; nor can a seller rely upon a 3^oung 
man of twenty say, as a buyer, even if he pays his money and 
take his deed, for he may repudiate his bargain any time be- 
fore he is twenty-one, and deed the land back, and get his 
money. Of course a corporation can sell land that it owns ; 
the general view is that a corporation cannot give a full cove- 
nant warranty deed, but only a deed of bargain and sale, and 
if the corporation will give you only such a deed, you take it; 
the only risk you run is that sometime in the future, if you 
should have trouble with your title, say your quiet enjoyment^ 
interfered with, or a deed of further assurance be required, 
the corporation may have ceased to exist and you would have 
no one to enforce your claim against; but you would be no' 
worse off than if you had a simple deed of bargain and sale, 
without any covenants. 

Referees appointed by the court, or Sheriffs, in foreclosure 
of partition suits, are very often the sellers of property, and 
the parties of the first part in contracts. In such cases, the 
terms of sale are usually embodied in the decree of judgment 
that appoints the nsferee; but if you are going to buy a piece 
of property at such a sale you ought to go, or rather send your 
lawyer, beforehand and examine the decree, and the terms of 
sale that the referee intends to use, for vou will not be able 



134 INSTRUCTIOX IN REAL ESTATE 

to understand them when they are read in the babel of the 
real estate exchange or auction room, at the sale. 

ASSIGNMENT OF CONTRACT. 

The contract may be assigned. The assignee can stand in 
no better position than the original vendee, and takes it sub- 
ject to all equitable rights, between his assignor and the other 
party to the contract, bound by any understanding or bargain 
outside of, or in addition to the contract; but the assignee of 
the buyer under such a contract is not personally bound to pay 
the balance of the purchase money that may be due, unless 
he makes an express agreement to do so, or unless such an 
agreement on his part be implied, the seller cannot sue him 
for such balance of the purchase money. 

Oral authority to buyer: An oral authority to an agent to 
make a contract relative to the sale of lands would be good, 
and not within the statute of frauds; but the execution of a 
deed by an agent would not be good unless authorized by a 
power of attorney under seal. (You could tell another man 
to sign your name right in your presence and that would be 
a good signature for you.) 

Signature by Agent: The proper way for an agent to sign 
a contract on behalf of his principal is of course, ''the princi- 
pal by the agent," "Jo^'^i^ Smith by Wm. Jones, Agent." Still 
should it be signed, "Wm. Jones for John Smith" that would 
bind the principal ; and where the agency is disclosed and the 
contract is within the agent's authority, the latter will not be 
personally bound, unless upon clear and explicit evidence of 
an intention to so bind him. If an agent who had no author- 
ity should risk signing a contract on behalf of a principal, the 
former would be personally bound to carry out the contract. 
This rule, however, does not extend to a purchase at auction 
where the auctioneer carrying out his dut^ as such, signs the 
memorandum of the sale and purchase as the agent of the 
buyer, as well as the seller. 

Signature by Trustee : If a seller who is a trustee for others 



AND FIRE INSURANCE. 135 

should be described in a contract as "Trustee" or "Trustee, 
etc." without stating for whom, he would be personally liable, 
so take care to put in the whole of the title as trustee. This is 
a precaution often neglected, generally from laziness, because 
it is too much trouble to look up the exact words of descrip- 
tion of the position or legal name, the seller not being quite 
certain whether he is "Executor of the estate of William 
Smith, deceased," or "Trustee under the last will and testa- 
ment of William Smith, deceased" or what. 

Assumed Agency: Bond and Mortgage: If you sell to a 
purchaser under a contract in which he agrees to assume and 
pay a mortgage on the premises as part of the consideration, 
or if he agrees to give a purchase money mortgage for the 
same, and then you give him a deed in which he assumes the 
existing mortgage, or upon delivery of which he gives you his 
own purchase money bond and mortgage, in pursuance of 
that contract, and you afterwards find that he was acting for 
some one else, some rich man, his undisclosed principle, it 
will be of no use for you to sue this third party on the cove- 
nants in that contract, should the one to whom you gave the 
deed afterwards fail to pay the mortgage. 

ESCROW. 

Sometimes the buyer determines to buy, and the contract is 
signed, at a time when the buyer has no money about him, and 
thereupon for that or for some other good reason the contract 
is left "in escrow" as it is termed, that is, in the hands of 
some trusted third party. Bank or Trust Company, to be de- 
livered on the payment within a certain time of a certain 
amount of money, or on the doing of some certain act agreed 
upon. 

Buyer cannot get his earnest money back : If the seller has 
performed his act of the contract and the failure to carry it 
out is the fault or misfortune of the buyer, the latter cannot 
recover back any money that has been paid by him on account. 
He can only get it back when both parties agree to rescind 



136 INSTRUCTION IN REx\L ESTATE 

the contract, or where the seller is unable or unwillhig to 
perform it on his part, or else has been guilty of fraud in mak- 
ing the contract. And so a buyer who has paid money on a 
void contract for the sale of land, which would come within 
the statute of frauds, cannot recover it back if the seller is 
able and willing to fulfill the contract on his part. 

Buyer not a Tenant. A party who goes into possession of 
land under a contract, before he gets his deed, has been held 
by some courts to be a tenant at will; as such he would be 
entitled to the growing crops, supposing the land were a 
farm; and on the other hand, if he had had a beneficial use 
of the premises and then abandoned them and broke his con- 
tract, he could be made to pay rent for the use and occupaton. 
The Courts have held different ways, however, on this ques- 
tion, and the latest decisions hold that the relation of land- 
lord and tenant exist between the buyer and the seller of land 
when the former enters into possession under a contract and 
fails to pay the purchase money. Nor would such a default 
entitle the seller to claim the contract as void and hold a buyer 
as a tenant liable to pay rent; but he can bring an ejectment 
suit to get possession of the land, and sue for the purchase 
money, or bring a suit in equity to enforce his vendor's lien. 

Damages for breaking contract. Ordinarily the damages 
which a buyer can recover against the seller, when the latter 
breaks his contract and fails to give a deed as agreed, will 
be the amount that the buyer has paid on account, the lawful 
interest, and probably the fair expenses that he has paid for 
examining the title. This is where the seller has been guilty 
of no fraud, the contract made in good faith, and he has been 
unable to perform. If, however, the seller has been guilty of 
fraud, or absolutely refuses to give a deed when he can, or 
has undertaken to sell when he knew he had no authority to 
make the contract, or if when he might remedy a defect in his 
title he refuses to do so, he can be made to pay the buyer 
damages, and the proper measure for such damages is the 
value of the property at the time he broke the contract. If 



AND FIRE INSURANCE. 137 

the seller, believing he had the right to sell, should make the 
contract in good faith and then discover a fault in his title 
before he has received any of the purchase money, no dam- 
ages could be recovered from him for refusing to give the 
deed. 

If after you take the contract and before you get the deed 
you employ and pay an architect to make plans for a building 
to be erected on the premises and the contract is broken and 
you do not get your deed, you cannot include in your damages 
the expense incurred for the architect's plan. The contract 
does not contemplate that the purchaser should prepare to 
build as if he were the owner before he becomes the owner. 
It leaves him, until the promised performance, without the 
title of power or interests of owner. The expense, therefore, 
is not within the contemplation of the parties, nor is it an or- 
dinary or anticipated consequence of the making of the con- 
tract. 

DAMAGES AGAINST SELLER FOR FRAUD BY 
AGENT. 

If the seller receives and keeps the price, where his agent 
has been guilty of fraud and misrepresentation, even if the 
latter were unknown to the seller, the seller is liable to the 
buyer, and the latter may either re-convey and recover back 
what he has paid, or keep the land and sue for damages for 
the fraud. 

SELLER'S DAMAGES. 
The only way in which the seller can recover damages from 
the buyer for a failure to accept the deed is by an action of 
specific performance, and, of course, the measure of these 
damages is the full contract price. It is customary in the 
case of a sale at auction where the purchaser does not come 
forward and complete his purchase to put the property up 
again, and then the damages that can be claimed from the 
first purchaser will be the difference between the price at 



138 INSTRUCTION IN REAL ESTATE 

which the premises are first struck off and that which it 
brings at the second sale, together with the expense of the 
re-sale. But this is not generally necessary in the case of a 
private sale, and the seller can recover the full purchase price 
and interest, and the buyer who has failed to complete, cannot 
limit him to the actual damages caused by the breach of con- 
tract. 

RENTS. 

If nothing is stipulated in the contract, rent of premises 
which has not yet fallen due when the deed is given will go 
entirely to the purchaser ; and, on the other hand, rent already 
due, although even in advance and for a period of time ex- 
tending beyond the delivery of deed, will remain the property 
of the seller. The fairer way, however, is to agree in the con- 
tract to apportion the rent up to the date of delivery of the 
deed. Frequently contracts are carelessly drawn to read that 
the seller ''hereby sells and conveys" to the buyer, instead of 
saying that "thereby agrees to sell and convey." Another mis- 
take that is sometimes made is that while the seller may have 
engaged to sell and convey, it is omitted to state that the buyer 
engages to buy and to pay for the property, so that the con- 
tract binds the seller but does not bind the buyer. 

You must know what kind of a deed you agree in your con- 
tract to give, or agree to take. If it says that the seller is 
simply to give a deed, that is satisfied by his giving one with 
warrantee or covenants. If the agreement is simply to give 
a deed in fee, that will not be satisfied by giving a title sub- 
ject to encumbrance. If the words ''good and sufficient deed" 
are used, the seller is bound to convey a good title ; he must 
give a warrant against encumbrances, and must convey the 
legal estate in fee, free from all other claims or liens whatso- 
ever; the seller's wife must join in such a deed. If the con- 
tract says "the title to be satisfactory," that implies only that 
the title shall be good and marketable. The best way to put 
it is "a full covenants warrantee deed." The contract must 



AND FIRE INSURANCE. 139 

carefully specify how many and what mortgages are to re- 
main as liens upon the premises; and if any agreement is 
made as to how long a mortgage has to run, or is to be al- 
lowed to remain upon the property, see that this is explicitly 
stated. 

AN INFORMAL CONTRACT. 

It is often convenient to know how concise and informal a 
writing will serve to bind the parties to an executory con- 
tract for the purchase and sale of real estate. A clear idea 
on the point is serviceable often to the attorney whose client 
brings him a very informal memorandum, as representing a 
contract he has made, and which the attorney is to superin- 
tend the fulfillment of. It is also useful often in delicate ne- 
gotiations where a nervous or uncertain buyer may hesitate 
if left long enough to have a formal contract drawn. 

The statute requires that ''the contract, or some note or 
memorandum thereof, be in writing and be subscribed by the 
party by whom the lease or sale is to be made," or "by the 
agent of such party, lawfully authorized." 

The court unanimously interprets this as requiring a note 
or memorandum expressing all the terms of the agreement. 

The document may be as trivial in form as it could happen 
to be, if it meets this requirement in substance. 

It is no objection to its validity that it is in pencil, or that 
it has no seal, no witness, no acknowledgement. 

An engrossed contract will not satisfy the statute any bet- 
ter than a receipt or telegram, or an entry in one's diary, or 
an affidavit to legal proceedings, or correspondence, or even 
a letter to a third person, so long as the substance is not 
there ; the parties, the agreement, the premises, the terms, 
and the subscription. 

It is no objection to the memorandum that it was not made 
at the time the bargain was struck, nor that it was not deliv- 
ered to the other party, unless it was prepared and subscribed 



140 IxNSTRUCTION IN REAL ESTATE 

in anticipation of an intended delivery and intended not to 
take effect meanwhile. 

It is clear then that the memorandum is not the contract, 
but only a peculiar kind of evidence of the contract, without 
which the contract is not enforcible at law. 

The essentials are parties, designation of premises, price 
and terms if any credit is agreed upon. 

Both parties must be designated, and the premises must be 
designated, but a memorandum is not invalid because it does 
not give the residence of the parties, or the precise location 
of the premises. An agreement by William Black to convey 
to James White a house on Copley Street, without saying any- 
thing about the whereabouts of either would be foolishly 
meagre, but, if litigation arose, White might prove that the 
particular William Black was the one who owned and occu- 
pied a house and lot on Copley Street, Boston, Massachu- 
setts, and no other on any street of that name, that the lot 
had well-defined boundaries, and that immediately before sign- 
ing the memorandum the two men had been in treaty for a 
sale of those premises. When these circumstances are proved, 
a court well advised of the present state of law would hold 
that the writing sufficiently designated the parties and the 
premises. But it is nevertheless true that many a purchaser 
or vendor has been unable to enforce a similar contract be- 
cause the circumstances w^ere not susceptible of the clear or 
satisfactory proof to enable the Court to apply it to specific 
premises and a definite area of land. 

It is always enough, however, w-ith land that is in actual 
possession or has a known designation to describe it by such 
possession or designation, as, for instance, the farm now occu- 
pied by John Smith or the house and lot known as No. loo 
Tremont Street in the city of Boston and state of Massachu- 
setts. 

There are the best of reasons for giving a full and accu- 
rate description such as is usual in deeds when the case allows 
of so doing, but the advantage secured does not relate to the 



AND FIRE INSURANCE. I4I 

binding effect of the memorandum, but to the precise extent 
of the obHgation assumed by the signer. 

The price and terms, if any, must also be designated, but 
here again the utmost conciseness is consistent with vaHdity. 

A receipt for payment, if it designates the parties and the 
premises and specifies the full price agreed on is sufficient, 
therefore, as against the party signing it, except that if it be 
for a part payment it should fix the time for paying the bal- 
ance. Whether the latter point is essential, however, the 
Courts are not agreed. Some have held that on an agreement 
to pay money without fixing a time the law implies an obli- 
gation to pay immediately. This is very true in case of debt- 
ors; yet a part payment on an executory contract may justly 
be thought to imply an understanding that balance should not 
be instantly due, but payable at some future day. A receipt 
for payment in full, however, might properly be deemed to 
imply an obligation to convey forthwith. 

If all the elements of the contract are thus indicated, the 
memorandum lacks only one thing more, and that is words of 
agreement. The note or memorandum must be a note or 
memorandum of a contract. 

These suggestons are not given as guides for drawing con- 
tracts. In a great proportion of cases there would be serious 
disadvantage in their use. The death of either party, the 
falsehood of a witness, the destructon of buildings by fire, 
many other incidents such as often occur between contract 
and conveyance, would be very likely to invite litigation. No 
one should rely on such a thread when he can have a strong 
cord, but there are often cases when the negotiator must do 
the best the moment admits of. And there are often cases 
when the Attorney has to advise offhand on the sufficiency of 
such a memorandum. 

In the latter class of cases, he should ask his client if the 
scrap of paper shown him embodies all the terms of the 
agreement, otherwise it may be found not to satisfy the 
statute. 



142 INSTRUCTION IN REAL ESTATE 

And for the same reason in drawing a memorandum, spe- 
cial care should be taken that nothing which is actually agreed 
on is omitted from the memorandum. 

VARIATIONS IN OWNERSHIP. 

There are various kinds of interest or ownership which a 
person may possess in land. It may be full, absolute and com- 
plete or it may be partial or conditional. It may be for all 
time, or to and when a certain event happens. It may be for 
the lifetime of the owner or some one else. It may not com- 
mence until a future time, it may be for a definite period or 
merely during the pleasure of some person. This idea of 
ownership or the right which man has in real property, is ex- 
pressed by the word estate. This word has also in law, a 
broader meaning, signifying anything of which property may 
consist, as Real Estate and Personal Estate. The different 
kinds of interest of ownership are indicated and distinguished 
as different kinds of Estate such as Estate in Fee Simple, Es- 
tate in Dower, Estate in Courtesy, Estate in Joint Tenancy, 
Estate in Common, etc. 

The term Estate is used to indicate property generally, 
whether Real or Personal. An Estate in Lands, Tenants, and 
hereditaments signifies the interest which a- person may have 
therein. It denotes the quality of the interest of the owner 
and the time during which that interest may be enjoyed. His 
right of possession may be for an uncertain period, during his 
life or the life of another; it may descend to his heirs or may 
be limited to a number of years, months or days. 

Land is a term comprehending all things of a permanent, 
substantial nature, and in its legal signification has an indefi- 
nite extent upwards and downwards, so that the word land 
includes not only the face of the Earth, but everything under 
and over it. Tenement is of still greater extent than land, 
and signifies anything that may be holden, provided it be of 
a ]:)crmancnt nature ; whether it be of a substantial or unsub- 
stantial kind. 



AND FIRE INSURANCE. 143 

Hereditament is the largest and most comprehensive ex- 
pression, for it includes not only Land and Tenements, but 
whatever may be inherited, be it corporal or incorporal. Real, 
Personal, or Mixed. 

ASSIGNMENTS. 

An assignment is a transfer of one's interest in property to 
another, enabling the person to whom it is assigned to have 
the same control over the thing assigned, as though he were 
the original owner. An assignment made with the intent to 
hinder, delay, or defraud creditors or others is Void. An 
assignment may be made for the benefit of the one to whom 
it is made, or partly for his benefit and partly in trust for the 
benefit of others; or wholly in trust for the benefit of others. 

If there be reserved in an assignment any profits, benefit, or 
advantage, to the one making the assignment, this will be 
conclusive evidence of fraud; and the assignment would at 
once be set aside on the application of creditors prejudiced 
by it. 

An assignment of an interest in Land, like any other con- 
veyance, should be immediately acknowledged and properly 
recorded. 

POWER OF ATTORNEY. 

A Power of Attorney is an instrument in writing, whereby 
one person delegates to another authority to do any act for 
him with the same binding effect as though it were done by 
the principal. 

Every person who has power, in his own right, to do any 
act, may delegate the power to do that act to any other per- 
son ; but an Attorney cannot substitute another in his place 
unless expressed authority is given him to do so. Every per- 
son intrusted with discretionary power in respect to the busi- 
ness of another should perform the duties himself; for gen- 
erally speaking, he cannot give to another authority to exer- 
cise those discretionary powers. 

The authority of an Attorney ceases by death or when 



144 INSTRUCTION IN REAL ESTATE 

withdrawn by his principal; but when the Attorney has an 
interest in the execution of the power, it is then irrevocable. 

The revocation of a power of Attorney takes effect as to 
third persons from the time they have notice of it. 

Powers of Attorney to be used in a foreign country, should 
be acknowledged before a notary public, and the signature 
of the Notary certified by the consul of the government to 
which the power of Attorney is to be sent. When intended 
to be used in another state, they should be duly proved or 
acknowledged according to the laws of the state where they 
are executed. 

GENERAL POWER OF ATTORNEY. 
Know all men by these presents, that I, Thomas Hart, of 
the City of Boston, in the County of Suffolk and Common- 
wealth of Massachusetts, have made, constituted and ap- 
pointed, and by these presents do make, constitute and ap- 
point Henry Jones, of the same place, my true and lawful 
attorney for me and in my name and stead to (here insert. the 
things which the attorney is to do) hereby giving and grant- 
ing unto my said attorney full power and authority to do and 
perform all and every act and thing whatsoever requisite and 
necessary to be done in and about the premises, as fully, to 
all intents and purposes, as I might and could do if person- 
ally present; with full power of substitution and revocation, 
hereby ratifying and confirming all that my said attorney or 
his substitute shall lawfully do or cause to be done by vir- 
tue thereof. 

In witness thereof, I have hereunto set my hand and seal, 
this first day of December, One Thousand Nine Hundred and 
Six. Thomas ELart (Seal) 

Sealed and delivered in the presence of 

Henry Smith. 

Arthur Jones. 



AND FTRE INSURANCE. 145 



CHAPTER IX. 



ADVERTISING. 

To get properties and to get the customers who will buy 
those properties, are the essential requirements to success in 
the Real Estate business. 

The measure of success in any business is first getting the 
goods and then finding a buyer for the goods. 

One might be able to discourse in a most scholarly manner 
on the historical features of his business and give minute sci- 
entific information about his wares; he might present the 
most attractive theories of how to find buyers, but if he can- 
not bring the two together, buyer and seller, his erudition is 
of little practical value. 

The important function which advertising plays in secur- 
ing contracts and in building up a successful business can 
hardly be over-estimated. 

It is a strange fact, but nevertheless true, that every busi- 
ness, small or large, must advertise. And everything that 
seeks to engage the attention of any part of the great public is 
a business in a certain sense. 

Hence, callings like the learned professions, and the reli- 
gious societies, find it necessary to use certain forms of ad- 
vertising. 

No business can be thoroughly developed without the ap- 
plication of correct ideas in the art of publicity. 

Success in business is largely measured by one's success as 
an advertiser. 

An able man, but a poor advertiser, will meet with partial 
success, while an inferior man, but a superior advertiser, will 
enjoy success in its fullest measure. 

In fact, the brilliant men are often the greatest failures, 
because relying too much on their own superior ability, they 



146 INSTRUCTION IN REAL ESTATE 

ignore apparently the trifling details, and the minor acces- 
sories on which successful transactions depend. 

They sometimes feel superior to using recognized methods 
of advertising, and when this is the case, they actually hide 
their brilliancy under the bushel of obscurity. 

It follows then that advertising is the keystone of the arch 
of success. 

Advertising may be accomplished in many different ways. 
There are many elements which may enter into the various 
methods which serve to bring profitable publicity to a busi- 
ness. 

In some cases, membership in societies, clubs and other 
organizations are useful. 

Prominence in Church or public affairs sometimes help. 

Use of the above means of publicity have some drawbacks, 
however. 

Dodgers, printed postal cards, circular letters, booklets and 
pamphlets, bill boards and street cars, are good when prop- 
erly used. But the publicity which is recognized as produc- 
tive of the best results is that secured by using the newspa- 
pers. 

NEWSPAPER ADVERTISING. 

The Century Dictionary defines the word "Advertisement" 
as "A giving rjotice of information; notification; specific in- 
telligence about everything; a publisher's announcement pre- 
fixed to a book. A notice of an announcement made public 
by a handbill, placard, or other similar means, or as formally, 
by proclamation, as by a town crier; specifically a paid notice 
of any kind inserted in a newspaper or other public print; a 
bringing into public notice or attention, publicity, notoriety." 

The word "advertising" means considerably more today 
than is accorded by the dictionaries. 

It is the ability to influence the minds of the people to lead 
them to think as you want them to think, of whatever you are 
seeking to sell them. 



AND FIRE INSURANCE. I47 

All advertisements should be written so clearly that they 
not only may be understood, but that they must be understood. 

There should be no room for doubt in the minds of the 
readers. 

Advertising is nothing more or less in a measure than em- 
ploying this medium as a salesman is employed. 

It is the business of the salesman to sell goods. The sales- 
man talks to a few persons, the advertisements talk to many. 

In writing advertisements, do not fail to put into them that 
earnestness and personality which will carry with them persua- 
sion and conviction. 

Select the simplest words you can get. 

An advertisement must appeal to the multitude, and should 
appeal alike to rich and poor, cultured and uncultured. 

Put something into every advertisement that is peculiarly 
your own. 

All good advertisements represent thought, careful and 
deep consideration, and a strong, confident appeal to the buy- 
er's interest. 

Half-hearted advertisement writing never inspires confi- 
dence. Go at it as though you expected every person to read 
your advertisement, and believe what you had to say. 

Make your advertisement read as easily as possible. 

The easy reading advertisement is the one that is going to 
make the strongest impression on the reader. 

Avoid the use of slang or any reference that might offend. 

Do not indulge in humor or attempt to be funny. Leave 
that to the clown and comedians. 

Give the details of what you have to sell. 

Let your advertisement tell why your property is more de- 
sirable than your competitor's. 

An advertisement should contain specific information. 

The facts should be told plainly, clearly and honestly. 

The strength of an advertisement is determined by the care- 
ful manner in which all promises are kept. 



148 INSTRUCTION IN REAL ESTATE 

It is a good idea to make a feature of some single property 
and describe it completely and specifically. 

Whatever and whenever you advertise do it thoroughly. 

Do it better than your neighbor. 

Raise the advertising above the common level and you will 
raise your business with it. 

Study the advertisements you see in the daily papers and 
the magazines. Some may be good, others may lack merit. 

Fix in your mind a good reason why they are good or bad. 

It is a good idea to cut out those advertisements which in- 
terest you most, paste them into a scrap book and try to im- 
prove on them. 

To secure the best results, your advertisements should be 
written and re-written. 

In re-writing your advertisements, seek to condense and 
improve.' 

Cut out useless words and try to select better words. 

Change your advertisement frequently; every day is best. 

There should be something new to say each time, and it 
ought to be said in an interesting manner. 

Do not scatter your advertising. 

The best results are secured by confining all your efforts to 
the leading medium. 

We believe a re-reading of these ideas before beginning to 
write an advertisement will be a beneficial exercise. They 
should help you to concentrate your thoughts on what is best 
to say, and they are intended to have the stimulating effect 
on you mentally that a brisk run on a crisp day would have 
on you physically. 

SYSTEMATIC ADVERTISING. 

Most gratifying results from advertising are obtained by 
careful planning and systematizing all the work as far ahead 
as possible. 

What an advertisement will bring, depends somewhat on 
the newspaper in which it is put. Each paper has its peculiar 



AND FIRE INSURANCE. 149 

clientele, and the advertiser should learn what each paper is 
valued most for as an advertising medium. Success in any 
line of advertising depends more and more on the clever 
idealization of the advertisement and the adaption of the 
idea of the intelligence and requirements of the particular 
class of people reached by the advertising medium. 

The most successful advertisers of this country are the 
steady advertisers ; the men who plan campaigns in great de- 
tail; the men who started advertising in a modest way and 
have increased their appropriations as the result became ap- 
parent. These men have never been fool-hardy enough to 
believe that they could scale the heights of prosperity at a 
single bound, or could count on past advertising to carry 
them along on through the present into the future. Advertis- 
ing gathers force as it goes^stop it for any length of time 
and }-ou have to make up for loss of momentum. 

Of course some account must be taken of time and seasons. 
There is no use in throwing away money for general appear- 
ance's sake. The shrew^d business man will strike while the 
iron is hot, will push after business most strongly when there 
is a direct demand that he is equipped to satisfy. 

He will, however, keep his name before the public, week in, 
week out; will try to create a demand by carefully considered 
advertising; will not stand still and let the sheer force of 
inertia carry him backwards. 

The man who believes in steady advertising and distributes 
his appropriation judiciously throughout the year will meet 
with greater returns than the man who spends the same 
amount in two or three big plunges and then lies back to await 
results. 

There are two general divisions of newspaper advertising, 
viz: "Display" and ''Classified." "Display" is that wdiich 
occupies so much space in the newspapers, either single col- 
umn wide, or many columns wide, and from an inch in depth 
to the full length of the page. "Classified" is usually printed 
in small type and grouped under various headings, as "Edu- 



150 INSTRUCTION IN REAL ESTATE 

cation," ''Help Wanted," "Real Estate for Sale," "House for 
Rent," etc. 

The rates for advertising in most newspapers are quoted by 
the "agate" line, 14 lines of agate type making a square or 
newspaper "inch." The rates in the large metropolitan jour- 
nals vary from 10 cents to 30 cents per line for real estate ad- 
vertising. In classified advertising, most newspapers count 
seven words of agate to a line. Therefore, if you should 
write an advertisement of fourteen words, including the ad- 
dress, and it should run over into the third line because the 
words were longer than the average, you would be charged 
for two lines only. On the other hand, if your advertisement 
counts fifteen words (single numbers or initials count as 
words) you would be charged for three lines, although the 
compositor might set the words up into two lines. 

In conducting an extensive campaign, requiring display 
advertising, you should seek the assistance of professional ad- 
vertisement writers, and the various agencies will be glad to 
place their men at your disposal, if you will place your adver- 
tising through them. It is not necessary, therefore, for us 
to dwell on this feature of advertising. 

Classified advertising is used more or less by nearly all real 
estate agents and brokers, and we therefore gave a few ex- 
amples. We repeat what we said; study the advertising that 
appears in your newspapers, , cut out those advertisements 
which interest you, and try to improve on them. 

When newspaper advertising is confined to one issue a 
week, the Sunday editions are found to produce the best re- 
sults. They usually carry a larger amount of classified ad- 
vertising, and are read more carefully than the daily issues. 

FOLLOW UP SYSTEMS. 
It is only within the last few years that systematic and per- 
sistent "follow-up" work has become a fine art; today it is 
one of the most important processes in the development of 
many lines of business, and it is a degree of consideration 



AND FIRE INSURANCE. I5I 

and as high a quality of talent as any feature of the publicity 
— perhaps more than any other. 

A customer who is easily landed is generally easily lost. It 
is a proposition of susceptibility; the same ascription makes 
the hard-to-get customer more desirable and worthy the 
extra effort of securing. 

A "follow-up" method may mean the embodiment of plans 
that make use of personal representation, written or printed 
matter or objects like novelties, etc. 

All are messengers; they introduce, reason, plead, argue, 
expend, appeal and remind; they commence all over again 
and repeat the story in a different manner. 

The business houses of this country that are adding the 
most new accounts to their ledgers, that are holding their old 
ones, and that are doing more business with those old ones 
than they formerly did, are the houses that have a well-formu- 
lated, well-directed ''follow-up" system. It may be one form 
or another, but it is a carefully thought out plan, methodically 
operated, and in ratio to its intelligence, regularity and per- 
sistency, is the measure of its success. 

A "follow-up" system should be as carefully planned as 
your newspaper advertising system. In case of the average 
real estate broker and agent, this should consist of a series of 
letters. The follow-up matter should be so arranged that 
every letter going out will form a link in the chain, by which 
you propose to bring your prospective customers to you. Let 
your "follow-up" letters represent your personality so that 
the recipient will feci as though they were especially written 
for him. 

SIGNS. 

There is no better way for a real estate broker and agent 
to advertise than by placing large board signs on the lands 
he has for sale, and smaller signs on the houses, "For Sale," 
"For Rent," and "To Lease." 

These signs show that he is actually doing business and 



152 INSTRUCTION IN REAL ESTATE 

where it is being done. After a house has been rented or sold, 
a sign ought to be put up immediately, saying: 



RENTED BY 
JONES & SMITH 



SOLD BY 
JONES & SMITH 



These signs should be different in design and color from 
other signs. 

A "For Rent" sign to be effective should be large enough 
to be read at a distance of eighty feet by persons of medium, 
eyesight. It ought to be different from those used by other 
brokers. A very good sign is one with white letters on a black 
background. This can usually be read at night as well as 
by day. 

Some brokers have their initials in red, green or other color, 
covering a large part of the face of the sign. Others simi- 
larly use a symbol, as a cross, clover leaf, daisy, horseshoe, or 
other design. These serve to identify the signs at a consider- 
able distance. In rental signs the expression ''For Rent" is 
regarded as more up-to-date than the expression 'To Let." 
Signs in two or more colors are worth the additional cost. 

The ordinary sign board is about 5x6 feet. It serves to 
keep the name before the public and attracts enough atten- 
tion to make the reader acquainted with the firm name and 
location. 

The general publicity value of the real estate sign board is 
often underestimated. Firms who keep a close watch as to 
results from them are able to trace deals to them years after. 
The first time a man passes a sign, he may not even see it. 
The second time, the name of the firm may catch his eye. 
After that he knows in general what it is, and if he passes it 
day after day, he ceases to notice it in particular, but when 
in the future he is in the market either to rent, purchase or 
buy, the name of this firm is the first to occur to his mind. 
Seeing the sign day after day has had an unconscious but 



AND FIRE INSURANCE. 153 

subtle impression. He arrives at the conclusion that this firm 
is old and well established and therefore reliable. 

OTHER ADVERTISING MATTER. 

Great sums of money in the aggregate are spent annually 
on blotters and calendars. It is our honest conviction that 
money so spent is practically thrown away, and we would 
advise refusing to use these mediums altogether. 

Attractive leaflets describing your properties are good, and 
if you issue them at regular intervals, they become a great 
aid in building up a business. 

The modest postal card, or one of your own designing 
which may be of any dimension, can be used very effectively. 

The illustrated booklet is always an excellent advertise- 
ment. 

When your business requires advertising of this character, 
we would advise you to go to people who make a spe- 
cialty of this kind of work. You will save time and the get- 
up will be better and more to the desired point. 

We have seen booklets which represented a large expense 
and which represented almost that much money thrown away. 



154 INSTRUCTION IN REAL ESTATE 



CHAPTER X. 

LEASING AND MANAGEMENT OF PROPERTIES. 

Constituting one of the most important and profitable 
branches of the business, leasing and the management of 
properties is a subject which merits the closest attention of the 
Real Estate Broker. Leasing may be compared with those 
retail lines of business in which the principal of many sales at 
small profits obtain. For one man who can afford to buy a 
piece of property, there are a hundred who can afford to lease 
one, and, while the commission on the average is small, very 
large commissions on leasing are possible. A large office 
building may be leased for $50,000 a year to one tenant for, 
say, ten years ; the commission to the broker who effects such 
a lease is i per cent, of the gross rental, unless fixed at some 
other rate by special agreement. In the case cited therefore 
the Broker's commission would amount to i per cent, of 
$500,000 or $5,000. 

TERM LEASE DEFINED. 

A lease has been defined as a contract transferring a right 
to the possession and enjoyment of real property for life or for 
a definite period of time or at will, usually made in considera- 
tion of a periodical compensation called rent. 

It is the written instrument by which a leasehold is created, 
namely, a tenure by a lease. The term lease is sometimes ap- 
plied to oral contracts of letting, and in that case, the lease is 
technically known as a parol lease. The term parol lease is 
also applied to a lease in writing but not under seal. 

LESSOR AND LESSEE. 
The party granting the lease is known as the Lessor, more 
commonly described as the landlord. 



AND FIRE INSURANCE. 155 

Tlie party to whom possession of the property Is granted by 
the lessor is known as the lessee. He Is also described as the 
tenant. The act of granting an estate by a landlord to a ten- 
ant, is known as a demise. 

THE TERM. 

The right of the grantee is called the term. The term fixes 
the length of time during which he may enjoy possession of 
the property under the lease. His holding under the term is 
known as a tenancy. 

The right of the lessor to have possession again at the end 
of the term, or sooner in case of forfeiture, is called the re- 
version. 

DURATION OF LEASE. 

The length of time, or technically, the term of the lease 
varies greatly according to the class of property leased. 
Apartments in tenements and flat houses are usually leased by 
the month. Apartments in apartment houses are usually 
leased by the year. Private dwellings are leased, ordinarily 
for a term of years. 

Perhaps the average term is three years. Office buildings, 
tenements, flats and apartment houses, when leased to one 
tenant, are invariably leased for a term of years, excepting 
in the case of seaside or mountain resorts, when it is usual 
for the tenant to lease the hotel for the season. 

A VALID LEASE. 

In order to be valid, a lease must contain a description of 
the premises leased, and must fix the rent and the time of 
payment, as well as the term or period of occupancy. A lease 
not describing the premises demised, is void, and this descrip- 
tion must fix the boundries with a reasonable degree of cer- 
tainty. In order to be valid, the lease also must be signed by 
both parties to it, the landlord and the tenant. 



156 INSTRUCTION IN REAL ESTATE 

SUB-LEASE. 

A sub-lease is a lease made by a tenant as lessor and another 
tenant as lessee. 

By a sub-lease, the lessor may sub-let either the whole or 
any part of the building of Avhich he is lessee. Thus, the les- 
see of a tenement sub-lets the apartments ; so does the lessee of 
an apartment house; so does the lessee of an office building. 
Distinction is made between a sub-lease and an assignment of 
a lease. We will here only note that a sub-lease reserves the 
right of re-entr}', whereas an assignment does not. An assign- 
ment simply transfers the premises to new hands, whereas a 
sub-lease creates what is legally termed a nezv estate, and the 
tenant is described as an under tenant, and is subject not only 
to the owner of the property, but also to the tenant or lessee 
under the orio-inal lease. 



'fe' 



PROPERTIES. 

As already intimated, the class of properties leased is 
very large and the numbers of such properties is very great. 
Most numerous of all are private dwellings. 

Every community has these in greater abundance than any 
other class of building except in extreme cases like our largest 
cities. Private dwellings are leased annually for a term of 
years, although very frequently for only a year or six months. 

Business properties and office buildings constitute a large 
class of properties leased, and the active broker makes some of 
the largest commissions in leasing properties of this kind. 
This is owing to the fact that leases of business buildings are 
almost invariably for a term of years, whether the tenant 
leases the whole building or only a floor, technically known as 
a loft ; or whether he leases a store room ; and also to the addi- 
tional fact that the rentals are the largest paid, as a rule, and 
therefore, the broker's commission is most tempting. 

Hotels also pay good returns ; the lease is usually for a term 
of years and the figures are large. 



AND FIRE INSURANCE. 157 

Apartment houses constitute in some of our large cities, a 
great and growing source of profitable income to brokers. 

The management of one of these is well worth securing. 
The apartments are leased to individual tenants for a term of 
a year or more. On each lease, the broker collects a commis- 
sion and the aggregate of these, not infrequently, amounts to 
$1,000. a year. The amount, of course, depends on the num- 
ber of apartments and the amount of the rentals. 

FLATS AND TENEMENTS are another class of 
property which are leased, sometimes to one tenant, at other 
times, the apartments to individuals. In the case of flats, 
brokers manage them, collecting rents and leasing apartments 
m.uch as in the case of the more pretentious apartment houses. 
In the case of tenements there is a large class of men in the 
big cities who lease the entire building and then proceed to 
sub-let to monthly tenants, the various apartments, managing 
the property themselves. The leases are always for terms of 
years. Besides these various classes of buildings, there are 
barns, stables, factories, mills, etc., to be leased. Also coun- 
try seats, farms and game or hunting preserves. 

LEASE-HOLDS. 

Lease-hold is defined as tenure by lease or real estate held 
under a lease. While, strictly speaking", applicable to all 
leased properties, the reference ordinarily is made to those 
properties which are never in the market for sale. 

These lands are leased either improved or unimproved for 
long terms of years. 

Lease-holds are bought and sold just like any other prop- 
erty, but the buyer never buys anything except the lease, and 
is not the actual owner of the property. 

HOW TO GET BUSINESS. 
First, get your properties. The best way to get properties 
for leasing is to canvass your territory. Select a certain sec- 
tion of the city in which to make a beginning. Let us assume 



158 INSTRUCTION IN REAL ESTATE 

you prefer to make a specialty of business properties. Get a 
list of property owners in that section. This may be done in 
various ways. 

There are usually in big cities, publications showing those 
who own properties and where they are. Changes in ownership 
are also published. These lists are never complete, owing to 
constant transfers of property. They must, therefore, be sup- 
plemented by a systematic canvass of the neighborhood. 
Janitors, tenants and owners of adjoining property can fre- 
quently give you the information you desire. The Assessor's 
office is another medium and perhaps the best and quickest. 

INTERVIEW OWNERS. 

Having your list of owners, call on them and solicit their 
patronage. It sometimes is the case that owners employ a 
number of brokers, giving the commission to the first one who 
brings a suitable tenant. 

Pleasing address and tact are very valuable assets in this 
solicitation. A property owner can be won or lost by a bro- 
ker's own deportment. Many a wealthy owner, attracted by 
the personality of a young broker, goes out of his way to help 
him and throw business in his way. , 

From the owner you should get a full description of the 
property, how many stores, what their dimensions, and what 
rent he is asking for them. You also want to know how many 
lofts (as the upper floors of a business building are called) 
there are, and what rent is asked for them. 

You should inform yourself as to what improvements the 
building has, whether elevator, steam heat, electric and gas 
li/^ht, etc., also what restrictions there are. 

All this information is of the highest importance to you in 
your search for tenants. 

Emphasis is laid on the asking price, because almost every 
owner has his asking price and his rock bottom price, below 
which no amount of argmncnt will drive him. If you become 
acquainted with him, he undoubtedly will tell you in confi- 



AND FIRE INSURANCE. 159 

dence just how low a rental he will accept. And right here 
it is just as well to impress upon you the importance of cul- 
tivating the friendship of owners and also of tenants. Their 

good will is most valuable to you. 

• 

WATCH FOR TO-LET SIGNS. 

A Broker should watch out for "to-let" signs. This is often 
a quick way of learning what properties are to let. When 
you see a sign, you should find out who owns the building and 
then interview the owner and secure his permission to place 
his property on your books. Another means of finding out 
what properties are in the market is the newspapers. 

Frequently, owners advertise, though usually under an as- 
sumed name. Answer every advertisement of the kind you 
see and out of the many, you are certain to get some replies. 

KEEP FULL RECORDS. 

All the foregoing ways of getting business are important, 
but there is still another method, and this perhaps is the most 
effective; this is to keep a complete record of all the leases 
new or standing in the district in which you are working. 

But how, you may ask, am I to find out about existing 
leases, made through other brokers? The method is a simple 
one. We have already advised you to make note of every "to- 
let" sign you see exposed. 

You should keep in touch with the sign until it disappears, 
whether you effect a lease or another broker does. When the 
sign has been removed, you know the property has been 
rented. Your business then is to find out who took the lease, 
for how long a term, and for what rental. 

You can glean this information most likely from the tenant 
himself. If the tenant proves unapproachable, the landlord 
may give you the information. 

Between the one or the other, you will, nine times out of 
ten, find out what you want to know. Your office should, in 
the course of time, have on file a complete record of every 
loft and store in your district, showing in each case who is the 



l60 INSTRUCTION IN REAL ESTATE 

lessee, how long the term, and what the rental is. From these 
records, you can then learn what lofts in any given season of 
an}^ given year will become vacant and what tenants will be 
looking either for a renewal of their present lease or for new 
quarter*. If you have kept a complete record, you will have 
at all times, lists of persons, possible clients, who should be 
looked up and placed. 

HOW TO GET TENANTS. 

We have shov/n you how to get your list of properties, the 
next thing is to get the tenant. This, too, can be accom- 
plished in a variety of ways. If you have done as outlined in 
the foregoing pages, the record kept on file in your office will 
keep you informed at all times as to who will want new places 
of business and when. This systematic record will prove to 
be your best source of information, but there are others. One 
is your own "To Lease" sign. 

Whenever you can secure an owner's permission to do so, 
you should hang out your own sign, advertising the fact that 
a loft or store, as the case may be, is for rent. Your sign 
should read something like this. 

TO LEASE 

Apply to 

Jones & Smith, 24 ]\Iilk St. 

Such signs as suggested should be large and should be hung 
in a conspicuous place to catch the eye at once. 

The "To Lease" sign will surely bring inquiries to your 
office from men who are looking for just such a loft or store 
property as you advertise. A brief advertisement, describing 
the loft and mentioning its suitability for some particular 
business, is also a good way to bring tenants. Then too, you 
should scan the real estate columns of the papers for adver- 
tisements inserted by other persons who arc looking for lofts 



AND FIRE INSURANCE. l6l 

or stores. These should be answered promptly and with care, 
describing the lofts you have to offer, but not stating their 
exact location. Otherwise the advertiser may use the in- 
formation you give him, go to another broker and lease the 
place through him. 

Also it may happen to be the case that some broker inserted 
a blind advertisement in the hope of getting some property 
on his list in that way, and you would simply play into his 
hands. 

A blind advertisement, by the way, is a means not to be 
despised in your search after properties, as it may bring re- 
plies which will lead you to learn of desirable lease-holds. 

HOW TO EFFECT LEASES. 

By all the various means enumerated, we assume you now 
have a good working list. 

Scan your list daily, and select the names of persons whose 
leases are soon to expire. 

Call on these persons and find out what they intend to do. 
Perhaps one wishes to renew his lease. If so, do not let the 
fact that the original lease was made through another broker 
deter you from attempting to effect a renewal. Approach the 
landlord and use tact and finesse in acquainting him with the 
fact that his tenant wants to renew his lease. Your own 
judgment must be your guide in such a case, which is sure 
to test your adaptability to the business. 

To give the landlord the impression that the tenant is 
anxious to remain, would perhaps be a mistake, as he then 
might overrate his property and raise the rent. So it is rather 
advisable to say that the tenant would just as soon make a 
change, but that you, as a broker, have some influence with 
the tenant, and probably can dissuade him from his idea of 
going elsewhere. 

If the landlord is really desirous of retaining the tenant, 
this line of argument will have the desired effect. If, on the 
other hand, the landlord shows an inclination to be independ- 



l62 INSTRUCTION IN REAL ESTATE 

ent and intimates that he is indifferent whether the tenant 
stays or goes, you might follow another tack. You might, for 
example, tell the landlord that you are in a position to find the 
tenant a loft elsewhere and could easily do so. You might 
also hint that it would be a comparatively easy matter for you 
to induce his other tenants to make a change. 

We have attempted merely to intimate to the inexperienced 
what a broker must sometimes do in order to effect a deal. 
Much, it must be apparent, will depend upon your own judg- 
ment. 

It may happen that your endeavors to renew a lease for a 
tenant fail. Possibly, the tenant desires new quarters, larger 
or in another part of the city. Then you have before you two 
opportunities to do business — you must find new quarters for 
the dissatisfied tenant on the one hand, and you must try to 
find a new tenant for the loft to be vacated. 

CULTIVATE THE TENANTS. 

While owners are the principals always because they are 
the ones who pay you your commission, experienced brokers 
will tell you that your greatest energies should be expended 
on tenants. You should make it your business to cultivate 
them. Any broker who has a large list of tenants who are 
friendly to him is assured of doing a good business, while no 
matter how many lofts he may have to lease, he will be help- 
less if he has not a good list of tenants. 

One of the chief reasons for this lies in the fact that, in the 
large cities at least, many business buildings are managed by 
agents and you cannot reach the owners at all. Of course, in 
the case of buildings managed by agents, it will be necessary 
for you to divide the commission with them. 

Your relation to the owners and tenants may be compared 
to that of a salesman to his employer and his buyers. The 
salesman who cultivates the friendship and caters to the 
wishes of buyers is going to sell goods, which is all that his 
employer asks of him. The broker who can bring desirable 



AND FIRE INSURANCE. 163 

tenants to a landlord is going to effect leases because that is 
what landlords are employing his services for. 

PRIVATE DWELLINGS. 

The leasing of private dwellings differs in some respects 
from that of business properties, in that a different clientele 
and a different kind of property are dealt with by you. But 
the general process of securing such properties is the same. 
In the case of tenants, the process is somewhat different. 

You will rely more on your ''for rent" signs and on your 
advertisements in the newspapers of desirable dwellings for 
rent on your list. But, as your business grows and you gain 
for yourself a reputation as a broker who does things^ many 
inquiries for private dwellings will come to you. What has 
been said of the properties already enumerated applies almost 
equally to other properties which are leased. Different in 
some important respects from the process already described is 
that of apartment leasing and this is discussed below under 
the heading "Management of Properties." Commissions are 
due when the lease has been signed. 

MANAGEMENT OF PROPERTIES. 

Management of properties constitutes a distinct and very 
profitable branch of the leasing business. It may be that an 
owner has neither the time nor the inclination to look after 
his own property. ITe therefore frequently places his prop- 
erties in the hands of a reliable real estate broker, who be- 
comes his authorized agent and is intrusted with the sole care 
of the properties. The agent collects rents, pays the taxes, 
sometimes even pays the interest charges, attends to all re- 
pairs, sees that the apartments are rented, expels undesirable 
tenants, in brief, takes entire charge of the property. 

Properties thus placed in the hands of real estate brokers, 
as agent, are of all kinds, from the large modern office build- 
ing down to the humblest dwelling. 



164 INSTRUCTION IN REAL ESTATE 

HOW TO GET THE MANAGEMENT 

Of properties is an important question, because if a broker 
has a few good properties to manage, he is on an independent 
footing. New buildings are constantly going up. These the 
young brokers must look out for. Learn who owns them and 
approach him on the subject of management. If the owner 
announces his intention to do his own managing, there still is 
a chance for the broker to get tenants for him. 

To qualify for an agency, a broker must satisfy the owner 
of his financial responsibility. Often he must bring the en- 
dorsement of some responsible business men, imless he enjoys 
the personal friendship of the owner. 

That the broker must satisfy the owner of his responsibility 
appears reasonable in view of the fact that he, as agent, will 
handle large sums of money. Perhaps he will manage a large 
office building, the gross rental of which is $60,000 a year. All 
of this large sum will pass through his hands before it reaches 
the owner. 

Out of these funds he must disburse large amounts for the 
various items of expense, such as repairs, hire of employees, 
fire insurance, expenses for maintaining light, heat and ele- 
vator power, etc. 

Of the various classes of buildings thus placed in agents' 
hands, probably those requiring the least care and personal at- 
tention are business properties, because these are usually 
leased to tenants who are required to make their own repairs 
and furnish their own light and heat. 

The big modern office building represents the other ex- 
treme, for here there is great variety of details of manage- 
ment. Every one of the numerous offices in the building must 
be kept in repair and kept lighted and heated. 

A large staff of employees must be hired, watched and paid. 
A big plant for heating, electric lighting and elevator power 
must be run ; fire insurance must be effected and paid, rents 
must be collected, etc. 

The large modern apartment house is another instance of 



AND FIRE INSURANCE. I65 

profitable opportunity for a real estate agent, and Involves the 
same care and attention almost, as an official building, but the 
class of tenants is different, for in this case he must cater to 
private families. Their patronage is solicited by means of 
neat signs hung at the apartment house itself and by attrac- 
tively worded advertisements published in the nev^spapers. 
As the apartments are all leased by the year at rentals any- 
where from $600 to $2,500 and more a year, and as the bro- 
ker's commission for management aggregates 5 per cent, of 
the gross rental, it is apparent what a profitable field for his 
energies the modern apartment house affords. Flats and 
tenements, while not as profitable a field, are well worth man- 
agement. 

APPRAISING. 

Appraising is something one can only learn by experience. 
There are many ways of judging the value of property. Its 
nearness to the business centre of the town or city; its rental 
value ; its nearness to street car or railroad lines ; what price 
property has brought in the vicinity, etc. 

As you continue in business from 3^ear to year, the values of 
land in your vicinity will become known to you. Always keep 
well informed as to improvements that are being made and 
are to be made. You will see by the daily papers that there is 
a demand for property in a certain section of the city. That 
is where you should use your best efforts to secure property 
to sell. Find out the owners' names at the Assessor's office 
or by inquiry from the tenants. 

There are few property owners who will not sell at some 
price. 

You can figure the approximate cost of a building by first 
multiplying the average length by the average width, and this 
result by the height. This will give you the number of cubic 
feet contained in the building. 

The cost per cubic foot of brick, stone, and iron buildings 
is as follows: 



l66 INSTRUCTION IN REAL ESTATE 

Modern office buildings, 40 cents to 60 cents. 

Apartment houses with elevator, 12 or more stories, 35 
cents to 45 cents. 

Apartment houses with elevator, less than 12 stories, 25 
cents to 35 cents. 

Business buildings, 20 cents to 30 cents. 

Brick dwellings, 10 cents. 

Factories, 10 cents to 20 cents. 

Wooden Buildings: — 

Dwellings, 6 cents to 12 cents. 

Churches and Schools, 10 cents to 15 cents. 

Barns, 4 cents to 10 cents. 

Commission charges for appraising vary from $5.cx) for 
small properties to 1-2 of i per cent, of valuation for large. 

INVESTMENT BONDS AND SECURITIES. 

You may have an opportunity to deal in investment bonds 
and securities after you have become well established. 

These consist of city or government bonds, railroad securi- 
ties, shares in real estate trust companies, etc. 

The commission charge for selling high class investment 
bonds is 1-2 to i per cent, and on investment securities it 
varies from i per cent, to 5 per cent. 

BUSINESS CHANCES. 
The commission for selling lodging houses or any other 
business, such as drug stores, variety, dry goods, etc., is usu- 
ally 5 per cent, of selling price. Find out from the owner 
what is the lowest price he will take. Then add to that a few 
hundred dollars, as there is always a lot of dickering on the 
price in this class of deals, and you must be prepared to drop 
considerable from your first asking price. 



AND FIRE INSURANCE. 167 



CHAPTER XL 

ALABAMA. 
STATUE LAW RELATING TO DEEDS. 
If a deed be not recorded within thirty days from its date 
a subsequent purchaser or mortgagee for value, not knowing 
of the previous transfer will have preference to the first pur- 
chaser, if he purchases before the deed is recorded. They 
require one witness if the party can write his name but two 
if he cannot. Acknowledgment before a competent officer 
dispenses with witnesses. 

STATUTE LAW RELATING TO MARRIED WOMEN. 
A married woman has the same right and power concerning 
her property and to contract, sue and be sued, as if unmar- 
ried, but a mortgage or conveyance of her realty is void 
unless her husband join therein, and she can not in any way 
be legally or equitably bound for the debts of her husband. 
If a wife do not join in a deed for her husbarid's realty and 
he die first she will have dower therein. 

WARRANTY DEED. 
The State of Alabama, .... county. 

Know all men by these presents, that for and in considera- 
tion of .... dollars, to the undersigned grantor .... in hand 
paid by. . . .the receipt whereof is hereby acknowleded. . . . 
the said .... do grant, bargain, sell and convey unto the said 
.... the following described real estate to wit : . . . . situated 
in .... county, State of Alabama. 

To have and to hold the said property unto the said .... 
heirs and assigns forever. 

And .... do for .... heirs, executors and administrators, 

covenant with said heirs and assigns that lawfully 

seized in fee simple of said premises; that they are free from 



l68 INSTRUCTION IN REAL ESTATE 

all encumbrances .... and that .... have a good right to 
sell, and convey the same aforesaid ; that .... will and .... 
heirs, executors and adminstrators shall warrant and defend 
the same to the said .... heirs, executors and assigns for- 
ever, against the lawful claims of all persons. 

In witness whereof, I have hereunto set my hand and seal, 

this day of , A. D., 19. . 

(seal.) 

Signed, sealed and delivered in the presence of 



The State of Alabama, .... County. 

I, (here insert name and official character of the officer 
taking the acknowledgment) in and for said county in said 
state, hereby certify that .... w^hose name .... signed to the 
foregoing conveyance, and who .... known to me, acknowl- 
edged before me on this day, that being informed of the con- 
tents of the conveyance, .... executed the same voluntarily 
on the day the same bears date. 

Given under my hand, this .... day of . . . ., 19. . (Name 
and official character.) 

Note. The above acknowledgment may be used for hus- 
band and wife or for a single person. The one following for 
the wife specially, where the homestead is conveyed. 

I, (here insert name and official character of the officer 
taking the acknowledgment), in and for said county in said 
state, hereby certify that on the .... day of . . . ., 19. ., came 
before me the within named .... known (or made known) 
to me to be the wife of the within named .... who, being 
examined separate and apart from the husband touching her 
signature to the within conveyance, acknowledged that she 
signed the same of her own free will and accord, and without 
fear, constraint or threats on the part of the husband. 

In witness whereof, I hereunto set my hand, this .... day 
of ...., IQ. . (Name and official cliaraclcr.) 



AND FIRE INSURANCE. 169 

REAL ESTATE MORTGAGE. 

This identure witnesseth that A. B., of .... party of the 
first part, (if the mortgage is that of a married man and the 
wife joins, as is commonly the case, to extinguish her dower 
or other rights, insert "and Mary B., his wife," and make 
other corresponding changes below. If the land mortgaged 
belongs to a married woman insert ''and . . . . , her husband," 
and make other necessary changes below), in consideration 
of .... dollars to him paid by C. D., party of the second part, 
the receipt whereof is hereby acknowledged, does hereby give, 
grant, bargain, sell, release, convey and confirm to the said 
C. D., his heirs (''successors" instead of "heirs" if mortgage 
is to a corporation) and assigns forever, the following de- 
scribed premises, situate in the ... of ... county of . . . and 
state of .... (describe it so that it may be accurately identi- 
fied), and all the right, title and interest of the said A.B., cither 
in law or equity, in and to the said premises ; together with all 
the appurtenances to the same belonging. To have and to hold 
the same unto the said C. D., his heirs and assigns forever, 
and the said A. B., for himself and his heirs, executors and ad- 
ministrators, hereby covenants with the said C.D., his heirs and 
assigns that he, the said A. B., is lawfully seized of the said 
premises, in fee simple, and has full right and power to con- 
vey the same, and that the title and premises so conveyed are 
clear and unincumbered; (if there are any exceptions to this 
state them). And further, that he will warrant and defend 
the same against all claim or claims of all persons whomso- 
ever. Provided, nevertheless, that whereas, the said A. B., 
has executed and delivered unto the said C. D., a certain 
(bond, promissory note, or as the case may be) bearing even 
date herewith (then proceed to further describe it so that it 
may be identified with certainty, or if short, a copy of it be 
inserted, the fact being stated that it is a copy). 

Now if the said A. B., his heirs, executors, administrators 
or assigns shall pay said debt or sum of .... dollars and 
interest which shall accrue thereon to the said C. D., his heirs 



170 INSTRUCTION IN REAL ESTATE 

or assigns, according to the tenor thereof, then this mortgage 

shall be void ; if .... fails to pay said in whole or in 

part at maturity, then .... his agents or assigns, are author- 
ized to take possession of said property, and after giving 
.... days' notice by .... to sell the same at auction, to the 
highest bidder, for cash, in front of the court house door in 
said county, and the proceeds to devote to the paying, first the 
expense of advertising and selling, and the payment of a rea- 
sonable attorney's fee for foreclosing this mortgage, and 
second, the amount with interest, that may be due on said 
.... and the surplus, if any, to be turned over to the under- 
signed. And the mortgagee or his assigns are authorized to 
bid and become the purchaser at said sale. 

In witness whereof, the said A. B has hereunto set 

his hand and seal this .... day of in the year of our 

Lord .... A. B. (Seal) 

Signed and acknowledged in presence of 

E. F. 

G. H. 
The State of Alabama, .... County. 

I, (here insert name and official character of the officer 
taking the acknowledgment) in and for said county in said 
state, hereby certify that .... whose name .... signed to 
the foregoing conveyance, and who .... known to me, 
acknowledged before me on this day, that being informed of 
the contents of the conveyance, .... executed the same vol- 
untarily on the day given the same bears date. 

Given under my hand, this .... day of . . . ., 19. . 

(Name and official character.) 



Note. The above acknowledgment may be used for hus- 
band and wife or for a single person. The one following for 
the wife specially, where the homestead is conveyed. 

I, (here insert name and official character of the officer 
taking the acknowledgment) in and for said county in said 
state, hereby certify that on the .... day of .... 19. ., came 



AND FIRE INSURANCE. I7I 

Ijcfore nic the within named , known (or made known) 

to me to be the wife of the within named . . . . , who, being 
examined separate and apart from the husband touching her 
signature to the within conveyance, acknowledged that she 
signed the same of her own free will and accord, and without 
fear, constraint or threats on the part of the husband. 

In witness whereof, I hereunto set my hand, this .... day 
of . . . ., 19. . (Name and official character.) 



STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 
Chattel mortgages must be in writing and subscribed by 
the mortgagor and recorded in the county where the grantor 
resides and in the county where the property is at the date 
of conveyance. If the property is removed to another county 
the conveyance must be recorded in the county into which it 
is removed within three months from the date of such 
removal. Incumbrances upon personal property brought into 
this state must be recorded within three months after its 
arrival. Wlien personal property is brought into this state 
by a life tenant, the conveyance creating such estate must be 
recorded within twelve months after the arrival of such prop- 
erty. A mortgagor of personal property who sells the same, 
without the consent of the mortgagee, is criminally liable. 

CHATTEL MORTGAGE. 
Know all men by these presents, that .... residing in 
.... county of . . . . , state of . . . . , party of the first part, 
being indebted to . . . . , residing in . . . . , party of the second 
part, in the sum of .... dollars, which is hereby confessed 
and acknowledged, has, for the purpose of securing the pay- 
ment of said debt, granted, bargained, sold and mortgaged, 
and by these presents does grant, bargain, sell and mortgage 
unto the said party of the second part, his heirs, executors, 
administrators and assigns, all that certain personal property 



T72 INSTRUCTION IN REAL ESTATE 

described as follows, to wit: (Describe it and state where it is 
and in whose possession), all of which property the party of 
the first part covenants is free and clear from all liens and 
encumbrances (here mention Exemptions, if any), and the 
said party of the first part for himself, his heirs, executors 
and administrators, all and singuar the goods, chattels and 
personal property above bargained and sold, unto the said 
party of the second part, his executors, administrators and 
assigns, against him the said party of the first part, and against 
all and every other person or persons, whomsoever, shall and 
w^ill w^arrant and forever defend. 

To have and to hold, all and singular said goods, and chat- 
tels, unto the said party of the second part, his heirs, execu- 
tors, administrators and assigns, forever; provided^ always, 
and these presents are upon this express condition : That if 
the said party of the first part shall pay or cause to be paid 
unto the said party of the second part his heirs or assigns, the 
sum of .... dollars, according to the conditions of two (or 
as the case may be) certain promissory notes, executed by 
.... payable to .... at .... viz., $. . . . dated . . . . , due . . . . , 
'with interest at . . per cent, per annum, until paid (or omit- 
ting all after ''promissory notes" and inserting "of which the 
following are copies" and then insert copies, or if the indebt- 
edness is not represented by promissory notes its character 
may be otherwise indicated). Then these presents to be void 
and of no effect. If .... fails to pay said .... in whole or in 
part at maturity, then .... his agents or assigns, are author- 
ized to take possession of said property, and after giving .... 
days' notice by .... to sell the same at auction, to the high- 
est bidder, for cash, in front of the court house door hi said 
county, and the proceeds to devote to the paying first the ex- 
pense of advertising and selling, and the payment of a rea- 
sonable attorney's fee for foreclosing this mortgage, and 
second, the amount with interest, that may be due on said 
and the surplus, if any, to be turned over to the under- 
signed. And the mortgagee or his assigns are authorized to 
bid and become the purchaser at said sale. 



AND FIRE INSURANCE. I73 

In witness whereof, the said party of the first part has 

hereunto set his hand and seal, this .... day of 

A. D., 19.. (Seal) 

Signed and delivered in presence of 



STATUTE LAW RELATING TO BILLS OF SALE. 
No statutory provisions as to absolute bill of sale of per- 
sonal property. Contracts for conditional sales, and leases of 
personality, by the terms of which the property is delivered 
to another and the title retained in the vendor till a certain sum 
is paid, must be in writing and recorded within thirty days 
after the date thereof as against bona fide purchasers for 
value, mortgages and judgment creditors. Conveyances of 
personal property to secure debts or provide indemnity are 
void as against creditors and purchasers without notice for 
value, unless recorded. Where property is brought into the 
state subject to such incumbrances, or moved to a different 
county in the state, three months is allowed for recording the 
conveyance. 

BILL OF SALE FORM. 

Know all men by these present, that I, A. B., of , 

in consideration of the sum of dollars to me in hand 

paid by C. D., of the same place, at and before the ensealing 
and delivering of these presents, the receipt whereof I do 
hereby acknowledge, (or if the consideration be dift"erent 
state it,) have bargained, sold, released, granted, and con- 
firmed, and by these presents, do bargain, sell, release, grant, 
and confirm, unto the said C. D., all the following goods, 
household stuff, and implements of household, (or as the case 
may be) (here describe each article so it can be identified) 
now remaining and being (mention where they are) to have and 
to hold all and singular the said goods and chattels, etc., and 
every one of tlicm, by these presents bargained, sold, released, 
granted, and confirmed, unto the said C. D., his heirs, execu- 



174 INSTRUCTION IN REAL ESTATE 

tors, administrators, and assigns, to his and their only proper 
use and behalf forever. 

Witness my hand and seal, this fourth day of A. D. 

19... 

Signed, sealed and delivered in presence of 

A. B. (seal.) 
E. G. 
A. R. 

STATUTE LAW RELATING TO LANDLORD AND 
TENANT. 

Leases for a term longer than one year must be in writing. 
No leasehold estate can be created for a longer term than 
twenty years. A landlord has a preferred lien enforceable by 
attachment, on the crop grown on rented lands for rent for the 
current year, and for advances made by him or by another 
at his request, or for which he became legally liable at or be- 
fore the time such advances were made; and the lien likewise 
extends to articles advanced or purchased with money ad- 
vanced, and unless otherwise stipulated such rent and advances 
become due and payable on the 25th day of December of the 
year in which the crop is grown. When the tenant fails to 
pay any part of such rent and advances, and continues his ten- 
ancy under "the same landlord on the same or other lands the 
original lien continues on the articles advanced, and a further 
lien for such balance attaches to the crop of the succeeding 
year. Such lien may be enforced by attachment : ( i ) When 
there is good cause to believe that the tenant is about to re- 
move from the premises, or otherwise dispose of any part of 
the crop, without paying such rent or advances, and without 
the consent of the landlord. (2) When the tenant has re- 
moved from the premises, or disposed of any part of the 
crop, without paying the rent or advances, and without the 
consent of the landlord. (3) When the tenant has disposed 
of, or there is good reason to believe that he is about to dis- 
pose of any articles advanced, in fraud of the landlord's rights. 



AND FIRE INSURANCE. 1/5 

Landlord's remedy against tenant in chief must be exhausted 
before levy can be made on the crop of a sub-tenant. Where 
one party furnishes the land and the other the teams and 
labor for working it, the relation of landlord and tenant 
exists. Where a laborer works for part of the crop he has a 
lien for such part enforceable in the same manner and under 
the same conditions as that in favor of the landlord. 

The landlord of any storehouse, dwelling or other building, 
has a preferred lien for rent on all goods and effects of the 
tenant brought on the premises during the term of the lease. 
Such Hen may be enforced by attachment : ( i ) Where the rent 
or any part thereof is due, and the tenant refuses, on demand, 
to pay the same. (2) When the tenant has fraudulently, or is 
about fraudulently to dispose of his goods. (3) When the 
tenant has made an assignment for the benefit of his creditors. 
(4) When the tenant has made a complete transfer of all or 
substantially all of his goods without the consent of the land- 
lord, and without having first paid the rent in full for the 
term. 

LEASE FORM. 

This indenture made the day of , in the 

year of our Lord one thousand nine hundred and , 

between A. B., of , of the first part, and C. D., of 

, of the second part, witnesseth : That the said A. B., 

for and in consideration of the yearly rent and covenants 
hereinafter mentioned and reserved, on the part and behalf of 
the said C. D., his executors, administrators and assigns, to 
be paid, kept, and performed, hath demised, granted and 
leased, and by these presents doth demise, grant, and lease, 
unto the said C. D., his executors, administrators, and assigns, 
all that messuage and lot of ground, situate, lying and being 

in the aforesaid, bounded northward, etc., (here 

describe the premises) together with all and singular, build- 
ings and appurtenances thereunto belonging. To have and 
to hold the said messuage and lot of ground, and all and 



176 INSTRUCTION IN REAL ESTATE 

singular the premises hereby demised, with the appurtenances, 
unto the said C. D., his executors, administrators, and assigns, 

from the day of next ensuing the date 

hereof, for and during the term of years thence next 

ended; yielding and paying for the same unto the said A. B., 
his executors, administrators, and assigns, the yearly rent or 

sum of dollars, in four equal quarterly payments (or 

as the case may be) of dollars each, the first of 

which to be made on the day of next. 

And the said C. D., for himself, his heirs, executors, and 
administrators, doth covenant, promise, and agree to and 
with the said A. B., his heirs, executors, administrators, and 
assigns, by these presents, that he, the said C. D., his heirs, 
executors, and administrators, shall and will well and truly 
pay or cause to be paid unto the said A. B., his heirs, execu- 
tors, administrators, or assigns, the said yearly rent of 

dollars, hereby reserved, on the several days and times here- 
inbefore mentioned, and appointed for the payment thereof, 
according to the true intent and meaning of these presents. 
And the said A. B., for himself, his heirs, executors, and 
administrators, doth covenant, promise, and agree to and with 
the said C. D., his executors, administrators, and assigns, by 
these presents, that he, the said C. D., his executors, admin- 
istrators, and assigns, (paying the rent and performing the 
covenants aforesaid,) shall and may peaceably and quietly 
have, hold, use, occupy, possess and enjoy the said demised 
premises, with the appurtenances, during the term aforesaid, 
without the lawful let, suit, trouble, eviction, molestation, or 
interruption of the said A. B., his heirs or assigns, or any other 
person or persons whatsoever. 

And as a part of the consideration of this lease, and for the 
purpose of securing to the party of the first part prompt pay- 
ment of said rents as herein stipulated or any damage that 
the party of the first part may suffer, either by failure to sur- 
render quiet and peaceable possession of said property as 
aforesaid, or for any damage- whatsoever, which may be 



AND FIRE INSURANCE. 177 

awarded said party of the first part under this contract, the 

party of the second part hereby waives all right which 

may have under the constitution and laws of the state of 
Alabama to have any of the personal property of the party of 
the second part exempt from levy or sale, or other legal pro- 
cess. 

Witness the hands and seals of the said parties the day and 
year first above written. 

(seal.) 

(seal.) 

Witness, 



EXEMPTION AND HOMESTEAD LAWS. 
The homestead of every resident of this state with the 
improvement and appurtenances, not exceeding $2000 in 
value, in area one hundred and sixty acres, is exempt from 
levy and sale under execution or other process for the collec- 
tion of debts. However the homestead exemption does not 
prevent laborers' or mechanics' liens from attaching for work 
done on homestead. Burial places and church pews are ex- 
empt. Personal property to the amount of $1000 besides the 
necessary wearing apparel of the family, all family portraits, 
and pictures and books used by the family are exempt. Wages 
of laborers for personal services to the amount of $25 per 
month are exempt. No partnership property shall be exempt 
as against co-partners or partnership creditors. All property 
of counties or municipal corporations used for county or 
municipal purposes is exempt. Exemptions may be waived 
by written instructions, but no waiver has efifect as to the ex- 
empt wages noted above. 

STATUTE LAW RELATING TO FENCES. 
Land owner must fence out cattle except in districts where 
cattle are prohibited by law from running at large. Legal 



178 INSTRUCTION IN REAL ESTATE 

fence must be at least five feet high, and if of rails, the rails 
must not be more than four inches apart to the height of two 
feet from the ground; if of palings the palings must not be 
more than three inches apart; if made with a ditch the ditch 
must not be more than four feet wide at the top, and the fence 
of whatever material made, must be five feet high from the 
bottom of the ditch and three feet high from the top of the 
bank and so close as to prevent stock of any kind from getting 
through. A rail fence five feet high with the rails not more 
than eighteen inches apart from the ground to the height of 
three feet, is a lawful fence as far as cattle, horses and mules 
are concerned. A fence made of three or more wires not 
more than fifteen inches apart, the top of the wire at least four 
feet from the ground is a lawful fence as far as cattle, horses 
and mules are concerned. A fence made of several or more 
wires, the first four wires being of four inch barb and not 
over four inches apart, the first wire being four inches from 
the ground, the fifth wire not over six inches from the fourth, 
the sixth not over eight inches from the fifth and the seventh 
wire fifteen inches from the sixth, is a lawful fence as against 
all stock whatever. There is no trespass if the fence is not 
a lawful one, and the owner of the land is liable for damages 
where injury is caused to cattle by their breaking through 
unlawful fences. Tearing down, destroying, defacing, writ- 
ing or marking characters on fences are criminal acts. 

STATUTE LAW RELATING TO LBIITATION. 
Actions at the suit of the state against a citizen thereof for 
the recovery of real or personal property, by or for the use of 
any township for the recovery of ''Sixteenth Section" or other 
school lands belonging to the township, upon judgements or 
decrees of the courts of this or any other state and the United 
States are barred after twenty years. Actions on any contract 
or writing under seal, for recovery of lands, tenants, and 
hereditaments, motions or other actions against sheriffs or 
other public officers for nonfeasance, misfeasance, or malfea- 



AND FIRE INSURANCE. 179 

sance in office, are barred after ten years. Actions for tres- 
pass to real or personal property, for detinue or conversion of 
personal property, on promises in writing not under seal, for 
recovery of money on loan, stated account or on arrears in 
rent on parol demises, are barred after six years. 

STATUTE LAW RELATING TO DECEDENT'S 
DEBTS. 

They are to be paid according to the following order of 
preference: (i) The funeral expenses. (2) The fees and 
charges of administration. (3) Expenses of last sickness. 
(4) Taxes accrued against the estate of the decedent to his 
death. (5) Debts due to employees, as such for services 
rendered the year of decedent's death. (6) The other debts 
of the decedent. 

No suits can be commenced against the executor or admin- 
istrator until six months after his appointment, and no recov- 
ery had until twelvemonths after such appointment. 

All claims against the estate of the decedent must be veri- 
fied by affidavit and presented to the executor or administrator 
within twelve months from the grant of letters testamentary, 
or filed in the probate court within that time. 

STATUTE LAW RELATING TO DESCENT AND 
DISTRIBUTION. 

A decedent's estate not disposed of by will, after the pay- 
ment of debts and legal charges for settling, and the widow's 
dower, vests as follows: (i) To the children or their descen- 
dants in equal parts. (2) To the father or mother in equal 
parts. (3) If but one surviving parent one-half to such 
parent and the other half to the brothers and sisters or their 
descendants, in equal parts. (4) If no children, brothers or 
sisters, or their descendants and but one surviving parent 
then the whole to such parent. (5) If no children or their 
descendants, no father or mother, then to the brothers and 
sisters in equal parts. (6) In default of the above, then to the 



l80 INSTRUCTION IN REAL ESTATE 

husband and wife. (7) To the next of kin, in equal degrees, 
in equal parts. (8) It goes to the state. 

Half-blood is admitted equally with whole blood, unless 
inheritance came to intestate by descent, devise or gift, from 
some ancestor of whose blood they are not, in which case 
they are excluded as against those of the same degree. 

Widow is entitled to dower, as follows : ( i ) Where there 
are no lineal descendants and the estate is solvent, to a life 
estate in one-half his lands. (2) In such cases if the estate 
is insolvent one-third. (3) When there are lineal descen- 
dants, one third whether the estate is solvent or insolvent. 
She is not entitled to dower if she has a separate estate which 
is equal in value or exceeds the value of her dower. 

Descendants of an intestate begotten before his death but 
born after, take as if born in his lifetime. Nothing above set 
forth prevents an intestate, in his lifetime, advancing to a 
child, part or all of his or her share. 

The foregoing does not apply to illegitimate, but an illegiti- 
mate child takes and is known by the name of its mother, 
and its issue and mother respectively take and inherit person- 
alty and realty, and transmit the same according to the intes- 
tate laws, and illegitimates born of the same mother leaving 
ncitlicr mother nor issue take and inherit from each other. 

DISTRIBUTION OF PROPERTY BY WILL. 

Every person of sound mind twenty-one years old may 
dispose of his or her real or personal estate by will in writing, 
which must be signed at the foot thereof by the testator or 
some one in his presence and at his direction. It must be 
attested by two witnesses, who sign the same in the presence 
of the testator and at his request. A testator may sign by 
making his sign or cross. 

Personal estate may be bequeathed by unwritten will made 
during the last sickness in the testator's habitation or dwelling 
or where lie has resided for ten days or more next before the 
making of such will, except in case he be surprised by sickness 



AND FIRE INSURANCE. l8l 

while away from home, and shall die before returning thereto. 
It must be proved that the testator at the time of pronouncing 
the bequest did bid the persons present or some of them to 
bear witness that such was his will or words to that effect. 
The value of the estate so bequeathed cannot exceed five hiui- 
dred dollars. 

A devise of real estate to a person without referring to his 
heirs, or w^ords of inheritance or perpetuity, passes all the 
estate of the testator therein, unless a contrary intent appear. 
The real estate acquired by a testator after making his will 
passes by a general devise, unless a contrary intention be mani- 
fest on the face of the will. If there be a devise or legacy in 
favor of a child or other lineal descendant, it shall not lapse 
or become void by reason of the devisee or legatee dying in the 
life time of the testator, provided such devisee or legatee 
leave issue surviving the testator, and in such cases the issue 
will take the devise or legacy as if the devisee or legatee had 
died intestate. If a man make a last will and testament and 
afterwards marries and has a child or children, not provided 
for in such wall and die, whether the child be born before or 
after his death the wall shall be deemed revoked. If a single 
w^oman make a will and afterwards marries, the marriage shall 
be deemed a revocation of such will. A child born after the 
death of a parent takes as if such parent had died intestate. 

The probate of a will is final unless contested in the chan- 
cery court, by some person interested, not a party before the 
probate court, within eighteen months after its admission to 
probate. 

NOTARY PUBLIC. 
Applicant must be a citizen. Application for appointment 
should be made to the Secretary of State, who will notify 
w^hen to appear and take the oath of office. Appointment is 
made by the Governor. No fee is required. A bond for 
$1000. with sureties approved by the county probate judge is 
required. Term of office is three years. Fees for services 



l82 INSTRUCTION IN REAL ESTATE 

are as follows: Collecting taxes, 25 per cent; protest, $1.00; 
notice of protest, 50 cents; presenting for acceptance or pay- 
ment, 50 cents ; taking acknowledgments. 50 cents ; adminis- 
tering oath, 50 cents; copies from registar, each 100 words, 
20 cents; certificate and seal, 20 cents. 

LAW CONCERNING ACKNOWLEDGMENTS TAKEN 
OUTSIDE THE STATE. 
Acknowledgments made out of the state of deeds, mort- 
gages and other instruments concerning land for recording in 
Alabama, may be taken within the United States and beyond 
the State of Alabama, by judges and clerks of any federal 
court, judges of any court of record in any state, notaries 
public, or commissioners appointed by the governor of this 
state; beyond limits of the United States, such acknowledg- 
ments may be taken by the judge of any court of record, 
mayor, or chief magistrate of any city, town, borough, or 
county, notaries public, or by any diplomatic, consular or 
commercial agent of the United States. The Alabama form 
must be followed. 

ALASKA. 
STATUTE LAW RELATING TO DEEDS. 

If a deed be not recorded within five days from its date a 
subsequent purchaser or mortgagee, for value, without notice 
of said deed, will have preference over the first purchaser if 
his deed is recorded within five days from date ; after that the 
one first of record has preference. They require two wit- 
nesses, and must be under seal but scroll is sufficient, also due 
acknowledgment. 

Husband and wife may by joint deed convey the real estate 
of the wife in like manner as she might do if single. A 
married woman joining her husband in a deed must acknowl- 
edge that she executed such freely and voluntarily. When a 
married woman, not residing in the District, joins her hus- 
band in conveying real estate situate in the District, the con- 
veyance has the same effect as if she were single. 



AND FIRE INSURANCE. 183 

STATUTE LAW RELATING TO MARRIED WOMAN. 

Married women have the same rights, as to separate prop- 
erty, as if unmarried, by giving due notice that she holds her 
property as separate; husband must join in mortgage or 
deed ; she cannot sue husband except for divorce or to protect 
separate property, nor may he sue her except for Hke reasons. 

Llusband is guardian of and entitled to possession of prop- 
erty of insane wife. 

If a wife does not join in a deed and husband dies first wife 
holds one-third interest during her life. 

Husband and wife are both liable for necessities for sup- 
port of family, and may both be sued, and collection enforced 
against either. 

Neither may testify in civil or criminal actions against the 
other without other's consent except in actions of one against 
the other. 

WARRANTY DEED. 

The District of county of 

Know all men by these presents; that for and in considera- 
tion of dollars, to the undersigned grantor . . in 

hand paid by the receipt whereof is hereby acknowl- 
edged the said do grant, bargain, sell and 

convey unto the said the following described real 

estate to wit : situated in county. District 

of 

To have and to hold the said property unto the said 

heirs and assigns forever. 

And do for heirs, executors and admin- 
istrators, covenant with said heirs and assigns that 

lawfully seized in fee simple of said premises ; that 

they are free from all encumbrances, and that have 

a good right to sell, and convey the same as aforesaid; that 
will and heirs and executors and admin- 
istrators shall warrant and defend the same to the said 



184 INSTRUCTION IN REAL ESTATE 

heirs, executor and assigns forever, against the lawful claims 
of all persons. 

I witness whereof, the said party of the first part has here- 
unto set his hand and seal the day and year first above written. 

(seal.) 

(seal.) 

Signed, sealed and delivered in presence of 



I9-.-- 

Then personally appeared the above named and 

acknowledged the foregoing instrument to be free 

act and deed, before me. 



REAL ESTATE MORTGAGE FORM. 

This indenture witnesseth that A. B., of party of 

the first part, (if the mortgage is that of a married man and 
the wife joins, as is commonly the case, to extinguish her 
dower or other rights, insert "and Mary B., his wife" and 
make other corresponding changes below. If the land mort- 
gaged belongs to a married woman insert ''and , her 

husband," and make other necessary changes below,) in con- 
sideration of dollars to him paid by C. D., party of 

the second part, the receipt whereof is hereby acknowledged, 
does hereby give, grant, bargain, sell, release, convey and 
confirm to the said C. D., his heirs ("successors" instead of 
"heirs" if mortgagee is to a corporation) and assigns forever 

the following described premises, situate in the of 

county of and state of , (de- 
scribe it so that it may be accurately identified) and all the 
right, title and interest of the said A. B. either in law or 
equity, in and to the said premises; together with all the 
appurtenances to the same belonging. To have and to hold 
the same unto the said C. D., his heirs and assigns forever, 
and tlic said A. B., for himself and his heirs, executors and 



AND FIRE INSURANCE. 185 

administrators, hereby covenants with the said C. D., his 
heirs and assigns that he, the said A. B., is lawfully seized 
of the said premises, in fee simple, and has full right and 
power to convey the same, that the title and premises so 
conve3'ed are clear and unincumbered; (if there are any 
exceptions to this state them) and further, that he will warrant 
and defend the same against all claim or claims of all persons 
whomsoever. Provided, nevertheless, that whereas the said 
A. B., has executed and delivered unto the said C. D., a cer- 
tain (bond, promissory note, or as the case may be) bearing 
even date herewith (then proceed to further describe it so 
that it may. be identified with certainty, or, if short, a copy 
of it may be here inserted, the fact being stated that it is a 
copy). 

Now if the said A. B., his heirs, executors, administrators 

or assigns shall pay said debt or sum of dollars and 

interest which shall accrue thereon to the said C. D., his heirs 
or assigns, according to the tenor thereof, then this mortgage 
shall be void. 

In witness thereof, the said A. B has hereunto 

set his hand and seal this day of in the 

year of our Lord 

A. B. (seal.) 

Signed, sealed and delivered in presence of 
E. F. 
G. H. 

19-.. . 

Then personally appeared the above named ........ and 

acknowledged the foregoing instrument to be free 

act and deed, before me. 



STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 
Mortgages of personality are void, unless filed or recorded, 
as to all existing or subsequent creditors of the mortgagor 



1 86 INSTRUCTION IN REAL ESTATE 

claiming in good faith and without notice. Mortgages of 
stock goods is presumed fraudulent if the maker retains pos- 
session, except as agent of mortgagee. Such mortgages may 
be foreclosed in equity. It is unlawful to sell or dispose of 
mortgaged property. Any kind of personal property may be 
mortgaged. By removal of the mortgaged property from the 
county for more than thirty days the liens of the mortgage 
lapse unless and until mortgagee takes possession thereof or 
the mortgage is recorded in the county to which it is removed, 
or the property is returned to the county. 

A mortgage of or on a vessel or boat or a part thereof, over 
twenty tons' burden, must be recorded in the office of the 
collector of customs, where it is registered, enrolled or 
licensed and it is a lien on same with out recording elsewhere. 

Chattel Mortgages may be recorded if executed, witnessed 
and acknowledged or certified like a deed for real estate. 
The mortgagor must make affidavit that the mortgage is given 
in good faith and not to hinder or defraud creditors. 

CHATTEL MORTGAGES. 

Know all men by these presents, that residing in 

county of state of , party of the 

first part, being justly indebted to , residing in , 

party of the second part, in the sum of dollars, 

which is hereby confessed and acknowledged, has, for the 
purpose of securing the payment of said debt, granted, bar- 
gained, sold and mortgaged, and by these presents does grant, 
bargain, §ell and mortgage unto the said party of the second 
part, his heirs, executors, administrators and assigns, all that 
certain personal property described as follows, to wit: 
(Describe it and state where it is and in whose possession), 
all of which property the party of the first part covenants is 
free and clear from all liens and encumbrances, (here men- 
tion Exemptions, if any) and the said party of the first part 
for himself, his heirs, executors, and administrators, all and 
singular, the goods, chattels and personal property above bar- 



AND FIRE INSURANCE. 187 

gained and sold, unto the said party of the second part, his 
executors, administrators and assigns, against him the said 
party of the first part, and against all and every other person 
or persons, whomsoever, shall and will warrant and forever 
defend. 

To have and to hold, all and singular said goods, and chat- 
tels, unto the said party of the second part his heirs, executors, 
administrators and assigns, forever; provided, always, and 
these presents are upon this express condition : That if the 
said party of the first part shall pay or cause to be paid unto 
the said party of the second part, his heirs or assigns, the 

sum of dollars, according to the conditions of two 

(or as the case may be) certain promissory notes, executed 

by payable to at viz. $ 

dated due with interest at per 

cent, per annum, until paid (or omitting all after "promissory 
notes'' and inserting "of which the following are copies" and 
then insert copies, or if the indebtedness is not represented by 
promissory notes, its character may be otherwise indicated.) 
Then these presents to be void and of no effect. And as long 
as the conditions of this mortgage are fulfilled, the said party 
of the first part is to remain in peaceful possession of said 
property, and in consideration thereof agrees to keep said 
property in as good condition as it now is, at the cost and 
expense of said first partr. 

In witness whereof, the said party of the first part has 

hereunto set his hand and seal, this day of , 

A. D., 19... 

(seal.) 

Signed, sealed and delivered in presence of 



I9--.. 

Then personally appeared the above named and 

acknowledged the foregoing instrument to be free 

act and deed, and that it is given in good faith and not to 
defraud or hinder Creditors, before me. 



l88 INSTRUCTION IN REAL ESTATE 

BILL OF SALE FORM. 

Know all men by these presents, that I, A. B., of , 

in consideration of the sum of dollars to me in hand 

paid by C. D., of the same place, at and before the ensealing 
and delivering of these presents, the receipt whereof I do 
hereby acknowledge, (or if the consideration be different state 
it,) have bargained, sold, released, granted, and confirmed, 
and by these presents, do bargain, sell, release, grant, and 
confirm, unto the said C. D., all the following goods, house- 
hold stuff, and implements of household, (or as the case may 
be) (here describe each article so it can be identified) now 
remaining and being (mention where they are) to have and 
to hold all and singular the said goods and chattels, etc., and 
every one of them, by these presents bargained, sold, released, 
granted, and confirmed, unto the said C. D., his heirs, execu- 
tors, administrators, and assigns, to his and their only proper 
use and behalf forever. 

Witness my hand and seal, this fourth day of , 

A. D., 19... 

A. B. (seal.) 

Signed, sealed and delivered in presence of 
E. G. 
A. R. 

STATUTE LAW RELATING TO LANDLORD AND 
TENANT. 

A lease not in writing and signed by the lessor, if for more 
than one year, will have the effect of creating a tenancy at 
will only. 

A tenant is entitled to ten days' notice to quit before he can 
be ejected by the landlord and in case his occupation is for 
the purpose of farming or agriculture he must be given ninety 
days' notice. 

LEASE FORM. 
This indenture made and executed this day of 



AND FIRE INSURANCE. ISq 

A. D., 19 ... , between of , of the 

first part, and of , of the second part, wit- 

nesseth that in consideration of the rents and covenants here- 
inafter expressed, the said party of the first part has demised 
and leased, and does hereby demise and lease to the said party 

of the second part the following premises, viz. : 

(describe them) with the privileges and appurtenances, for 

and during a term of from the day of 

19. . ■, which term will end And the said 

party of the second part covenants that he will pay to the 
party of the first part, for the use of said premises, the yearly 

rent of dollars ($ ), to be paid monthly in 

advance in equal installments, without demand therefor being 
made by the party of the first part. 

And provided, said party of the second part shall fail to 
pay said rent, or any part thereof, when it becomes due, it is 
agreed that said party of the first part may sue for the same, 
or re-enter said premises, or resort to any legal remedy. 

The party of the part agrees to pay all 

taxes to be assessed on said premises during said term .... 

The party of the second part covenants that at the expira- 
tion of said term he will surrender up said premises to the 
party of the first part in as good condition as now, necessary 
wear and damage by the elements excepted. 

Witness the hands and seals of the said parties the day and 
year first above written. ^ 

A. B. (seal.) 
C D. (seal.) 

Signed, sealed and delivered in presence of 
E. R, 
G. H. 

Note. Leases should be made in duplicate, one for each 
party. 

EXEMPTIONS. 
Earnings of judgment debtor for services rendered within 



1 90 INSTRUCTION IN REAL ESTATE 

sixty days are exempt. Books, pictures and musical instru- 
ments to the value of $75. necessary wearing apparel for self 
and family. Jewelry not exceeding $100. in value. Tools, 
implements, team, harness, library, etc., necessary to carry on 
his trade or profession, to the value of $500., also sufficient 
food to support such team for six months. The word "team" 
being intended to mean not more than one yoke of oxen or a 
span of mules, or two reindeer or six dogs. The following 
property, if for the actual use of the family; ten sheep with 
one year's fleece or the yarn or cloth manufactured there- 
from; two cows, five swine; household goods to the value of 
$300., also food for family and animals for six months ; the 
seat or pew of the head of the family in a public place of 
worship. 

STATUTE LAW RELATING TO FENCES. 
Landowners are required to fence out cattle. A lawful fence 
is fully defined by statute, and there is no security from tres- 
passers without a lawful enclosure. 

LIMITATIONS. 

Action for the recovery of real estate or the possession 
thereof, or on a sealed instrument, must be brought within 
ten years. 

Action upon a contract, expressed or implied, except judg- 
ment or sealed instrument, must be brought within six years. 

DECEDENTS DEBTS. 
Order of preference: i. Funeral expenses. 2. Taxes due 
to the United States. 3. Expenses of last sickness. 4. Taxes 
of whatever nature due state or any public corporation. 6. 
Debts which are a lien on any property to the extent of the 
property subject to the lien. 7. Debts to employees for 90 
days preceding death of decedent. 8. All other claims 
against the estate. 

NOTARY PUBLIC. 
Applicant must be a resident of the district. Appointment 



AND FIRE INSURANCE. IQI 

is made by the Governor. Pee $io. Term of office four 
years. Alust provide seal with name and name of district for 
which appointed and the words "Notary PubHc" engraved 
thereon. 

LAW CONCERNING ACKNOWLEDGMENTS TAKEN 
OUTSIDE THE DISTRICT. 

Acknowledgments made out of the District, of deeds, mort- 
gages and other instruments concerning land for recording in 
Alaska may be made before a judge of a court of record, jus- 
tice of the peace or notary public, or other officer authorized 
bv the law of the state where the acknowledgment is made to 
take the same. But if taken before any such officer, other 
than a notary, certified under his official seal, they must be 
certified by a clerk of a court of record that he is authorized 
to take acknowledgments, that the signature is genuine, and 
that the instrument is executed and acknowledged in con- 
formity with the laws of that state. They may be made in 
foreign Countries before ambassadors or other United States 
officers exercising ministerial functions. 

ARIZONA. 

STATUTE LAW^ RELATING TO DEEDS. 

If a deed be not recorded, a subsequent purchaser or mort- 
gagee for value, without notice, will have preference, if the 
second deed or mortgage is first placed of record. 

A deed must be acknowledged either before a clerk of a 
court having a seal, a notary public, a county recorder, or a 
justice of the peace, if within the territory; a clerk of some 
court of record, a commissioner of deeds appointed under 
the laws of the territory, or a notary public, if within the 
United States, resident where the acknowledgment is made, 
a consul general, consul, vice consul, or notary public, if in a 
foreign country. 



192 INSTRUCTION IN REAL ESTATE 

STATUTE LAW RELATING TO MARRIED WOMEN. 

A married woman has the same rights and power concern- 
ing property and to contract as if unmarried; in the sale of a 
homestead the wife must join in the conveyance. She has 
also the same right, as men, of the age of 21 and upwards, 
except the right of suffrage and holding office, but can vote 
at school elections and hold office as a school trustee. 

A wife may contract for necessaries and if suit is brought 
execution is levied, ist, upon the common property; 2nd, 
upon separate property of the husband; 3rd, upon the separ- 
ate property of the wife. 

WARRANTY DEED. 
Territory of Arizona, County of ss. 

Know all men by these presents: 

That of the for and in consideration of 

dollars, to in hand paid by ha . . . 

granted, sold and conveyed, and by these presents do ... . 

grant, sell and convey unto the said all that certain 

premises described as follows, viz : to have and to 

hold the above described premises, together with all and 
singular the rights and appurtenances thereto in anywise be- 
longing unto the said his, (or their) heirs and 

assigns forever. 

And hereby bind heirs, executors and 

administrators, to warrant and forever defend, all and singu- 
lar, the premises unto the said heirs and assigns, 

against every person whomsoever, lawfully claiming or to 
claim the same or any part thereof 

Witness hand , this day of 

A. D. 19... 

(seal.) 

Signed, sealed and delivered in the presence of 



Note. Relinquishment of dower may be inserted in a deed 
in which a married woman joins in the following language: 



AND FIRE INSURANCE. 193 

For the consideration above expressed the said (in- 
sert name of wife) does hereby renounce and release to the 

said grantee heirs and assigns, all right, 

title, interest or claim to dower in and to the above described 

lands and premises. 

Territory of Arizona, County of ss. : 

Before me a notary public in and for the county 

of Territory of Arizona, on this day personally ap- 
peared known to me to be the person . . whose name 

subscribed to' the foregoing instrument, and acknowl- 
edged to me that executed the same for the purpose 

and consideration therein expressed. 

Given under my hand and seal of office, this day 

of A. D. 19. .. 

Notary Public. 

My commission expires 

ACKNOWLEDGIMENT FOR MARRIED WOMAN. 

Before me, a notary public in and for the county 

of , Territory of Arizona, on this day personally ap- 
peared wife of said known to me to be the person 

whose name is subscribed to the foregoing instrument, and 
having been examined by me privily and apart from her hus- 
band, and having the same fully explained to her, she, the 

said acknowledged such instrument to be her act 

and deed, and declared that she had willingly signed the same 
for the purpose and consideration therein expressed, and that 
she did not wish to retract it. 

Given under my hand and seal of office, this day 

of A. D. 19. .. 

Notary Public. 

'My commission expires 

REAL ESTATE MORTGAGE FORM. 

This indenture witnesseth that A. B., of party of 

the first part, (if the mortgage is that of a married man and 



194 INSTRUCTION IN REAL ESTATE 

the wife joins, as is commonly the case, to extinguish her 
dower or other rights, insert "and Mary B., his wife," and 
make other corresponding changes below. If the land mort- 
gaged belongs to a married woman insert "and , her 

husband," and make other necessary changes below), in con- 
sideration of dollars to him paid by C. D., party of 

the second part, the receipt whereof is hereby acknowledged, 
does hereby give, grant, bargain, sell, release, convey and 
confirm to the said C. D., his heirs ("successors" instead of 
"heirs" if mortgage is to a corporation) and assigns forever, 

the following described premises, situate in the of 

county of and state of , (describe 

it so that it may be accurately identified) and all the right, 
title and interest of the said A. B. whether in law or equity, in 
and to the said premises ; together with all the appurtenances 
to the same belonging. To have and to hold the same unto 
the said C. D., his heirs and assigns forever, and the said 
A. B., for himself and his heirs, executors, and administra- 
tors, hereby covenant with the said C. D., his heirs and assigns 
that he, the said A. B., is lawfully seized of the said premises, 
in fee simple, and has full right and power to convey the same, 
that the title and premises so conveyed are clear and unin- 
cumbered, (if there are any exceptions to this state them). 
And further, that he will warrant and defend the same against 
all claim or claims of all persons whomsoever. Provided, 
nevertheless, that whereas, the said A. B., has executed and 
delivered unto the said C. D., a certain (bond, promissory 
note, or as the case may be) bearing even date herewith (then 
proceed to further describe it so that it may be identified 
with certainty ; or, if short, a copy of it may be inserted, the 
fact being stated that it is a copy). 

Now if the said A. B., his heirs, executors, administrators 

or assigns shall pay said debt or sum of dollars and 

interest which shall accrue thereon to the said C. D., his heirs 
or assigns, according to the tenor thereof, then this mortgage 
shall be void ; And she, the said Mary B., for the considera- 



AND FIRE INSURANCE. . 195 

tion above expressed, does hereby renounce and release to 
said mortgagee. . all her right and title or claim to dower in 
and to the above-described lands and premises. 

And this instrument* shall be void if said promissory note, 
principal and interest, be well and truly paid when due, ac- 
cording to the tenor and effect thereof. But it is distinctly 
understood and agreed that if the interest on said promissory 
note, or the principal thereon, shall not be punctually paid 
when the same shall become due, as in said promissory note 
mentioned, then and in such case, the principal sum of said 
note, and the interest thereon, shall be deemed and taken to 
be wholly due and payable, and proceedings may forthwith 
be had by the said mortgagee heirs, executors, ad- 
ministrators and assigns, for the recovery of the same, either 
by suit on said note, or on this mortgage and note; and in 
any suit or other proceedings that may be had for the recov- 
ery of the said principal sum and interest thereon, it shall and 
may be lawful for the said mortgagee heirs, execu- 
tors, administrators or assigns, to inchide in the judgment, 

that may be recovered, attorney's fees not exceeding 

per cent, thereon upon the amount found due the plaintiff on 
said note and this mortgage, or in case of settlement after 

suit brought, but before judgment rendered, then 

per cent, on amount found due at the time of settlement, as 

well as all payments that the said mortgagee heirs, 

executors, administrators or assigns may be obliged to make 
for his security, or on account of any taxes, insurance, charges, 
incumbrances or assessments whatsoever on the said prem- 
ises, legally laid or made thereon. 

In witness whereof, the said A. B has hereunto 

set his hand and seal this day of in the 

year of our Lord .... 

A. B. (seal.) 

Signed and acknowledged in presence of 
E. F. 
G. H. 
Territory of Arizona, County of ss. : 



196 INSTRUCTION IN REAL ESTATE 

Before me, a notary public in and for the county 

of Territory of Arizona, on this day personally ap- 
peared known to me to be the person whose 

name subscribed to the foregoing instrument, and 

acknowledged to me that executed the same for the 

purpose and consideration therein expressed. 

Given under my hand and seal of office, this day 

of A. D. 19... 

Notary Public. 

I\Iy commission expires 

MARRIED WOMAN. 

Before me, a notary public in and for the county 

of Territory of Arizona, on this day personally ap- 
peared wife of said known to me to be the person 

whose name is subscribed to the foregoing instrument, and 
having been examined by me privily and apart from her hus- 
band, and having the same fully explained to her, she, the 

said acknowledged such instrument to be her act 

and deed, and declared that she had willingly signed the 
same for the purpose and consideration therein expressed, 
and that she did not wish to retract it 

Given under my hand and seal of office, this day 

of A. D. 19. .. 

Notary Public. 

My commission expires 

STATUTE LAW ON CHATTEL MORTGAGES. 
Mortgages may be given upon all personal property except 
stock of merchandise daily offered for sale. The original, or 
a certified copy, must be filed with the county recorder, and 
parties to it must attach affidavit that it is bona fide and not 
made to delay or defraud creditors. The mortgagee, whose 
time of payment is fixed, may foreclose on posting a notice of 
such intention, in three public places for ten days and pub- 
lishing a notice at least once in a newspaper published in the 
county. 



AND FIRE INSURANCE. 197 

CHATTEL MORTGAGE. 

Know all men by these presents, that residing in 

county of state of party of the 

first part, being justly indebted to , residing in , 

party of the second part, in the sum of dollars, 

which is hereby confessed and acknowledged, has, for the 
purpose of securing the payment of said debt, granted, bar- 
gained, sold and mortgaged, and by these presents does 
grant, bargain, sell and mortgage unto the said party of the 
second part, his heirs and assigns, all that certain personal 
property described as follows, to wit: (Describe it and state 
where it is and in whose possession), all of which property 
the party of the first part covenants is free and clear from all 
liens and encumbrances, (here mention Exemptions if any) 
and the said party of the first part for himself, his heirs and 
assigns, all and singular the goods, chattels and personal 
property above bargained and sold, unto the said party of the 
second part, his heirs and assigns against him the said party 
of the first part, and against all and every other person or 
persons, whomsoever, shall and will warrant and forever de- 
fend. 

To have and to hold, all and singular said goods, and chat- 
tels, unto the said party of the second part his heirs and 
assigns, forever; provided, always, and these presents are 
upon this express condition : That if the said party of the first 
part shall pay or cause to be paid unto the said party of the 

second part his heirs or assigns, the sum of dollars, 

according to the conditions of two (or as the case may be) 

certain promissory notes executed by payable to 

at viz. $ "dated due 

with interest at per cent, per annum, until paid (or 

omitting all after "promissory notes" and inserting "of which 
the following are copies'' and then insert copies, or if the 
indebtedness is not represented by promissorv notes its char- 
acter may be otherwise indicated.) Then these presents to be 
void and of no efifect. But if default shall be made in the 



198 INSTRUCTION IN REAL ESTATE 

payment of said sum of money or any part thereof or of any 
interest thereon, at the time the same shall become due, or if 
any attempt shall be made to remove, dispose of or injure 
said property, or any part thereof, by said party of the first 
part, or any other person, or if said party of the first part 
does not take proper care of said property, or if said party of 
the second part shall at any time deem himself insecure, then 
thereupon and thereafter, it shall be lawful, and the said first 
party hereby authorizes the said second party, his heirs or 
assigns, or his authorized agent, to take said property wher- 
ever the same may be found, and hold or sell and dispose of 
the same, and all equity or redemption at public auction or pri- 
vate sale, with or without notice, and on such terms as the 
said party of the second part or his agent may see fit, retain- 
ing such amount as shall pay the aforesaid notes and interest 

thereon, and an attorney's fee of $ and such other 

expenses as may have been incurred, returning the surplus 
money, if any there be, to the said party of the first part, his 
heirs or assigns. 

In witness whereof the said party of the first part hereunto 

sets his hand and seal this day of A. D. 

19... 

(seal.) 

Witness. 



Territory of Arizona, County of ss : 

Before me, a notary public in and for the county 

of Territory of Arizona, on this day personally ap- 
peared known to me to be the person whose 

name subscribed to the foregoing instrument, and 

acknowledged to me that executed the same for the 

purpose and consideration therein expressed. 

Given under my hand and seal of ofiice, this day 

of A. D. 19. .. 

Notary Public. 

My commission expires 



AND FIRE INSURANCE. 199 

Territory of Arizona, County of , ss : 

the mortgagor above named and the 

mortgagee above named, being first duly sworn, each for him- 
self, and not one for the other, doth depose and say that the 
foregoing mortgage is bona fide and made without any design 
to defraud or delay creditors. 



Subscribed and sworn to before me this day of , 

A. D. 19... 

Notary Public. 

My commission expires \ 

STATUTE LAW RELATING TO BILL OF SALE. 

Bill of Sale of personalty is good between the parties there- 
to, but not as to third parties, such as to creditors of the seller, 
if he retain possession. 

BILL OF SALE FORM. 

Know all men by these presents, that I, A. B., of , 

in consideration of the sum of dollars to me in hand 

paid by C. D., of the same place, at and before the ensealing 
and delivering of these presents, the receipt whereof I do 
hereby acknowledge, (or if the consideration be dififerent state 
it,) have bargained, sold, released, granted, and confirmed, 
and by these presents, do bargain, sell, release, grant, and con- 
firm, unto the said C. D., all the following goods, household 
stuff, and implements of household, (or as the case may be) 
(here describe each article so it can be identified) now re- 
maining and being (mention where they are) to have and to 
hold all and singular the said goods and chattels, etc., and 
every one of them, by these presents bargained, sold, released, 
granted, and confirmed, unto the said C. D., his heirs, execu- 
tors, administrators, and assigns, to his and their only proper 
use and behalf forever. 



200 INSTRUCTION IN REAL ESTATE 



Witness my hand and seal, this fourth day of ., 

A. D., 19... 

Signed, sealed and delivered in the presence of 

A. B. (seal.) 
E. G. 
A. R. 

STATUTE LAW RELATING TO LANDLORD AND 

TENANT. 

When any tenant shall neglect to pay his rent when the 
same is due, five days thereafter the landlord or lessor shall 
have the right by law to re-enter and take possession without 
any formal demand, or commence -an action before either a 
justice of the peace or in the district court. 

Every landlord has a lien on all the property of his tenant 
not exempt by law, and said landlord has the right to reduce 
said property to his possession by action, and every landlord 
shall also have a lien upon the crops grown or growing for 
rent thereof, whether the same is payable wholly or in part in 
money or specified articles of property. 

In all cases of tenancy from year to year said tenancy shall 
terminate, unless a written permission shall be given for said 
tenant to remain for a longer period, any lease from month to 
month shall be terminated by the landlord giving at least ten 
days' notice ; in cases of non-payment of rent no notice is 
required. 

LEASE FORM. 

This indenture made the day of in the 

year of our Lord one thousand nine hundred and 

between A. B., of , of the first part, and C. D., of 

of the second part, witnesseth : That the said A. B., 

for and in consideration of the yearly rent and covenants 
hereinafter mentioned and reserved, on the part and behalf 
of the said C. D., his executors, administrators and assigns, to 
be paid, kept, and performed, hath demised, granted and 
leased and by these presents doth demise, grant, and lease, 



AND FIRE INSURANCE. 201 

unto the said C. D., his executors, administrators, and assigns, 
all that messuage and lot of ground, situate, lying and being 

in the aforesaid, bounded northward, &c., (here 

describe the premises) together with all and singular, build- 
ings and appurtenances thereunto belonging. To have and to 
hold the said messuage and lot of ground, and all and singular 
the premises hereby demised, with the appurtenances, unto 
the said C. D., his executors, administrators and assigns, 

from the day of next ensuing the date 

hereof, for during the term of years thence next 

ended ; yielding and paying for the same unto the said A. B., 
his executors, administrators, and assigns, the yearly rent or 

sum of dollars, in four equal quarterly payments (or 

as the case may be) of dollars each, the first of 

which to be made on the day of next. 

And the said C. D., for himself, his heirs, executors, and 
administrators, doth covenant, promise, and agree to and 
with the said A. B., his heirs, executors, administrators, and 
assigns, by these presents, that he, the said C. D., his heirs, 
executors, and administrators, shall and will well and truly 
pay or cause to-be paid unto the said A. B., his heirs, execu- 
tors, administrators, or assigns, the said yearly rent of 

dollars, hereby reserved, on the several days and times herein- 
before mentioned, and appointed for the payment thereof, 
according to the true intent and meaning of these presents. 
And the said A. B., for himself, his heirs, executors, and ad- 
ministrators, doth covenant, promise, and agree to and with 
the said C. D., his executors, administrators, and assigns, by 
these presents, that he, the said C. D., his executors, adminis- 
trators, and assigns, (pacing the rent and performing the 
covenants aforesaid,) shall and may peaceably and quietly 
have, hold, use, occupy, possess and enjoy the said demised 
premises, with the appurtenances, during the term aforesaid, 
without the lawful let, suit, trouble, eviction, molestation, or 
interrui)tion of the said A. B., his heirs or assigns, or any other 
person or persons whatsoever. 



202 INSTRUCTION IN REAL ESTATE 

And it shall be lawful for the party of the first part to dis- 
train for any rent that may be due thereon upon any property 
belonging to said party of the second part, whether tlie same 
be exempt from execution and distress by law or not, and the 
said party of the second part in that case hereby waives all 
legal rights which . .he. . now has or may have to hold or 
retain any such property under any exemption laws now in 
force in this territory, or in any other way; meaning and in- 
tending hereby to give the said party of the first part, his 
heirs, administrators, executors or assigns, a valid and first 
lien upon any and all goods, chattels and other property be- 
longing to said party of the second part as security for the 
payment of said rent, in manner aforesaid, anything hereinbe- 
fore mentioned to the contrary notwithstanding. 

Witness the hands and seals of the said parties the day and 
}ear first above written. 

A. B. (seal.) 
C. D. (seal.) 
Signed, sealed and delivered in the presence of 
E. R 
G. H. 

EXEMPTION AND HOMESTEAD LAWS. 
Every family residing within the territory of Arizona is 
exempt $2,500 on real estate and $500 on personal property 
provided, however, that when the debt owing is for the pur- 
chase price or any part of the purchase price thereof, or for 
the actual necessities of life, this property shall not be exempt 
from seizure on attachment or execution, so long as the said 
property or any part thereof shall be in the hands of the 
vendee. 

STATUTE LAW RELATING TO FENCES. 
No person or persons shall be entitled to damages for stock 
trespassing upon cultivated or improved land unless such 
land is enclosed within a lawful fence, which fence shall be 



AND FIRE INSURANCE. 203 

at least forty-four inches high, consisting of either barbed 
wire or boards. 

When any stock shall break into any enclosure the said 
stock is liable to the owners of said premises for the damages 
to be assessed by three disinterested persons. 

STATUTE LAW RELATING TO LIMITATIONS. 

Every suit to be instituted to recover real property as 
against any person in peaceable and adverse possession thereof 
under title or color of title shall be instituted within three years 
next after the cause of action shall have accrued and not after- 
wards. 

Within two years : 

1. Action of trespass for injury done to the estate of 
another. 

2. Actions for detaining or converting personal property. 

3. Actions for taking or carrying- away the goods and 
chattels of another. 

4. Actions for forcible entry and detainer. 
Within three years : 

1. Actions for debt when the indebtedness is not evidenced 
by a contract in writing. 

2. Actions upon stated or open accounts. 
Within four years : 

1. Actions for damages on the penal claim of a bond to 
convey read estate. 

2. Actions upon judgments or decrees or upon any con- 
tract in writing and in contesting wills. 

STATUTE LAW RELATING TO 
DECEDENT'S DEBTS. 
The debts of the estate must be paid in the following order : 
I. Funeral expenses. 2. Expenses of last sickness. 3. 
Debts having preference by laws of the United States. 4. 
Debts having preference l)y laws of the territory. 5. T^^dg- 
ments rendered against decedent during his lifetime and 



204 INSTRUCTION IN REAL ESTATE 

mortgages in the order of their date. 6. All other demands 
against the estate. 

If there is not sufficient under this last heading a dividend 
on the debt is declared. 

STATUTE LAW RELATING TO DESCENT AND 

DISTRIBUTION WHEN NO WILL IS LEFT. 
When any person having title to any estate of inheritance 
shall die intestate and shall leave no husband or wife it shall 
descend and pass in parcenary to his kindred as follows: 

1. To his children and their descendants. 

2. If there be no children or descendants then to his or her 
father and mother. But if only the father or mother survive 
the intestate, his estate then shall be divided in two equal por- 
tions, one of which shall pass to such survivor and the other 
half to the brothers and sisters of the deceased and their 
descendants, but if there be none such, then the whole estate 
shall be inherited by the surviving father or mother. 

3. If there be neither father nor mother, then the whole 
of such estate shall pass to the brothers and sisters of the 
intestate and their descendants. 

4. If there be none of the kindred aforesaid then the 
inheritance shall be divided into two parts one of which shall 
go to the paternal and the other to the maternal kindred. 

When any person shall die intestate and shall leave a sur- 
viving husband or wife, the estate shall pass as follows: 

1. If the deceased have children or their descendants the 
survivor shall take one-third of the personal property and the 
balance shall go to the children and their descendants. The 
survivor shall be entitled to an estate for life in one-third of 
the real estate, with the remainder to the children and their 
descendants. 

2. If the deceased has no children or their descendants 
the survivor shall be entitled to all personal property and to 
one-half of the land of intestate without remainder to any 
person, and the other half shall be inherited according to the 



AND FIRE INSURANCE. 205 

rules of distribution and descent, provided however that if 
the deceased have neither surviving father or mother, then 
the survivor, whether husband or wife, shall be entitled to 
the whole of the estate of such intestate. 

No conviction shall work forfeiture of estate of those who 
destroy themselves; it shall descend and vest as in case of 
natural death. 

Upon the dissolution of the marriage relation by death all 
the community property shall go to the survivor, if the 
deceased has no children, but if the deceased has children the 
survivor shall be entitled to one-half and the other half shall 
pass to the child or children. 

The issue of marriages deemed null in law shall neverthe- 
less be legitimate. 

Any alien inheriting any property shall have five years to 
become a citizen of the United States or shall have five years 
to sell the same before it shall be declared forfeited. 

In every case the community property passes, charged with 
the debts against it. 

DISTRIBUTION OF PROPERTY BY WILL. 

Every person of sound mind, 21 years old, shall have power 
to make a last will and testament of all his real and personal 
property, subject to the limitations prescribed by law. 

Every last will and testament shall be in writing, and 
signed by the testator or by some other person by his direc- 
tion and in his presence, and shall, if not wholly written by 
himself, be attested by two or more credible witnesses above 
the age of 14 years, subscribing their names thereto in the 
presence of the testator. 

Where the will is wholly written by the testator the attes- 
tation of the subscribing witnesses may be dispensed with. 

No will in writing nor any clause thereof or devise therein, 
shall be revoked, except by a subsequent will, codicil or dec- 
laration in writing executed with like formalities, or by the 
testator destroying or causing it to be destroyed in his pres- 



206 INSTRUCTION IN REAL ESTATE 

ence, provided that, if after making a will the testator mar- 
ries and the wife survives the testator, the will shall be 
revoked unless provision has been made for her by marriage 
contract, or unless she is provided for in the will or in such 
way mentioned therein as to show an intention not to revoke 
such provisions, and no other evidence to rebut the presump- 
tion of revocation must be received. No nuncupative will 
shall be established, unless it be made in the time of the last 
sickness of the deceased, nor when the value exceeds $50, 
unless it be proved by three credible witnesses ; and no nun- 
cupative will shall be proved within 14 days after the death 
of the testator, and no testimony shall be received, after six 
months from the time of speaking the pretended testamen- 
tary words, unless the testimony, or substance thereof, shall 
have been committed to writing within six days after making 
the will. 

Every person making a will may direct in said will that no 
bond shall be required of the person or persons named therein 
as executor or executors. 

STATUTE LAW RELATING TO IRRIGATION. 

The common law doctrine of riparian water rights shall not 
obtain, or be of any force or effect in this territory. 

Any person, persons or corporation shall have the right to 
appropriate any unappropriated water in this territory for 
domestic stock or any other beneficial purpose and shall have 
the right to construct and maintain reservoirs, dams, canals, 
ditches, flumes and any and all other necessary water ways, 
and the party first appropriating shall always have the better 
rights to the same. 

All Owners of water must not contract for more water 
than canal can supply and have to keep their canals and 
ditches in good order and repair, otherwise users of water 
may clean and repair canals, if owners refuse, and shall have 
a lien on the property. 

During years whep a scarcity of water shall exist, owners 



AND FIRE INSURANCE. 20/ 

of fields shall have precedence of the water for irrigation 
according to the dates of their respective titles or their occu- 
pation of the lands either by themselves or their grantors. 
The oldest titles shall have precedence always. 

The system of irrigating canals and acequias and modus 
operandi of a district is practically controlled by the over- 
seers of a district who are duly elected by the parties inter- 
ested in the canal, ditch or acequia. 

NOTARY PUBLIC. 

Applicant must be able to read and write the English lan- 
guage. Women over twenty-one are eligible. Appointed by 
the (lOvernor. Fee, $2.50. Term, four years. $1000 bond 
required. 

Application should be made to the Secretary of State who 
will notify when to appear and take oath of office. Seal must 
be procured with name, county and the words, "Notary 
Public." 

Fees — Protesting a bill or note for non-acceptance or non- 
payment, $2.00. Each notice of protest, 50 cents; taking 
acknowledgments, 75 cents ; administering oath, 75 cents. 

ARKANSAS. 
STATUTE LAW RELATING TO DEEDS. 
If a deed be not recorded, a subsequent purchaser or mort- 
gagee for value, not knowing of the previous transfer will 
have preference to the first purchaser if his deed be first 
recorded. If the first purchaser is in possession, subsequent 
purchaser will be effected with notice of his rights. Deeds 
must be under seal, though scroll is sufficient. Must be 
acknowledged before officer competent to administer oaths, 
and wife must release dower and homestead in deed and 
acknowledgment. An unrecorded mortgage confers no lien 
as against subsequent purchasers or lienors, though same is 
good between the parties. Actual knowledge of an unre- 
corded mortgage does not change this rule. It is the record- 



208 INSTRUCTION IN REAL ESTATE 

ing of a mortgage which makes it a Hen as to third parties. 
A mortgage filed with the recorder is considered equivalent 
to actual recording. A mortgage cannot be enforced after 
the instrument to secure which it was given, has been barred 
by limitation. 

STATUTE LAW RELATING TO ^lARRIED WOMEN. 
A married woman is practically emancipated. She has the 
same right to sue and be sued and to contract generally, with 
regard to her separate estate, as if unmarried. She can make 
contracts wath all persons except her husband, and can make 
executory contracts for the sale of her real estate. She may 
sue her husband in equity and be sued by him. She has not 
the power, however, and cannot be legally bound as surety, 
guarantor or accommodation endorser. If a wife do not 
join her husband in a deed for his realty and he die first, 
she will have dower therein. A husband is liable for support 
of his family. 

WARRANTY DEED. 
The State of , county of 

Know all men by these presents, that for and in considera- 
tion of .... dollars, to the undersigned grantor in 

hand paid by the receipt whereof is hereby acknowd- 

edged .... the said do grant, bargain, sell and convey 

unto the said the following described real estate, to 

wit ; situated in county. State of 

To have and to hold the said property unto the said , 

heirs and assigns forever. 

And do for heirs, executors and adminis- 
trators, covenant w^ith said , heirs and assigns that 

lawfully seized in fee simple of said premises ; that they are 
free from all encumbrances, and that .... have a good right 
to sell, and convey the same as aforesaid ; that .... will and 
. . . .heirs, executors and administrators shall warrant and 
defend the same to the said .... heirs, executors and assigns 
forever, against the lawful claims of all persons. 



AND FIRE INSURANCE. 209 

In witness whereof, the said party of the first part has 
hereunto set his hand and seal the day and year first above 

written. (seal.) 

(seal.) 



Signed, sealed and delivered in presence of 



The State of Arkansas, County. 

I, (here insert name and official character of the officer 
taking the acknowledgment) in and for said county in said 

state, hereby certify that whose name signed 

to the foregoing conveyance, and who .... known to me, 
acknowledged before me on this day, that being informed of 
the contents of the conveyance, .... executed the same vol- 
untarily on the day given the same bears date. 

Given under by hand, this .... day of , 19. . 

(Name and official character.) 



Note. The above acknowledgment may be used for hus- 
band and wife or for a single person. The one following for 
the wife specially, where the homestead is conveyed. 

I, (here insert name and official character of the officer 
taking the acknowledgment), in and for said county in said 

state, hereby certify that on the .... day of 19.., 

came before me the within named , being known (or 

made known) to me to be the wife of the within named , 

who, being examined separate and apart from the husband 
touching her signature to the within conveyance, acknowl- 
edged that she signed the same of her own free will and 
accord, and without fear, constraint or threats on the part of 
the husband. 

In witness whereof, I hereunto set my hand, this .... day 
of , 19- • (Name and official character.) 



210 INSTRITCTION IN REAL ESTATE 

REAL ESTATE MORTGAGE FORM. 

This indenture witnesseth that A. B., of .... party of the 
first part, (if the mortgage is that of a married man and the 
wife joins, as is commonly the case, to extinguish her dower 
or other rights, insert "and Mary B., his wife" and make 
other corresponding changes below. If the land mortgaged 
belongs to a married woman insert ''and , her hus- 
band," and make other necessary changes below,) in consid- 
eration of .... dollars to him paid by C. D., party of the 
second part, the receipt whereof is hereby acknowledged, 
does hereby give, grant, bargain, sell, release, convey and 
confirm to the said C. D., his heirs ("successors" instead of 
*'heirs" if mortgage is to a corporation) and assigns forever 

the following described premises, situate in the of 

county of and state of ....-.., (describe it so 

that it may be accurately identified) and all the right, title 
and interest of the said A. B., either in law or equity, in and 
to the said premises; together with all the appurtenances to 
the same beloging. To have and to hold the same unto the 
said C. D., his heirs and assigns forever, and the said A. B., 
for himself and his heirs, executors and administrators, 
hereby covenants with the said C. D., his heirs and assigns 
that he, the said A. B., is lawfully seized of the said premises, 
in fee simple, and has full right and power to convey the 
same, that the title and premises so conveyed are clear and 
unincumbered; (if there are any exceptions to this state 
them) and further, that he will warrant and defend the same 
against all claim or claims of all persons whomsoever. Pro- 
vided, nevertheless, that whereas the said A. B., has executed 
and delivered unto the said C. D., a certain (bond, promis- 
sory note, or as the case may be) bearing even date herewith 
(then proceed to further describe it so that it may be identi- 
fied with certainty, or if short, a copy of it may be here 
inserted, the fact being stated that it is a copy). 

Now if the said A. B., his heirs, executors, administrators 
or assigns, shall pay said debt or sum of .... dollars and 



AND FIRE INSURANCE. 211 

interest which shall accrue thereon to the said C. D., his heirs 
or assigns, according to the tenor thereof, then this mortgage 
shall be A^oid. 

In witness thereof, the said A. B has hereunto set his 

hand and seal this day of , in the year of our 

Lord .... A. B. (seal.; 

Signed and acknowledged in presence of 

E. F. 

G. H. 

, I9-- 

Then personally appeared the above named and 

acknowledged the foregoing instrument to be .... free act 
and deed, before me. 

STATUTE LAW RELATING TO CHATTEL 

MORTGAGES. 

Chattel Mortgages must be filed, and when so filed are 

good against the world. May be given for any amount and 

on any thing. When duly filed are good, without renewal, 

until limitation runs upon the debt. 

CHATTEL MORTGAGE. 

Know all men by these presents that residing in 

count of state of , party of the first 

part, being justly indebted to , residing in , party 

of the second part, in the sum of .... dollars, which is 
hereby confessed and acknowledged, has for the purpose of 
securing the payment of said debt, granted, bargained, sold 
and mortgaged, and by these presents does grant, bargain, 
sell and mortgage unto the said party of the second part, his 
heirs, executors, adminstrators and assigns, all that certain 
personal property described as follows, to wit: (Describe it 
and state where it is and in whose possession), all of which 
property the party of the first part covenants is free and dear 
from all liens and encumbrances, (here mention Exemptions, 
if any) and the said party, of the first part for himself, his 



212 INSTRUCTION IN REAL ESTATE 

heirs, executors and administrators, all and singular, the 
goods, chattels and personal property above bargained and 
sold unto the said party of the second part, his executors, 
administrators and assigns, against him the said party of 
the first part, and against all and every other person or per- 
sons, whomsoever, shall and will warrant and forever defend. 
To have and to hold, all and singular said goods, and chat- 
tels, unto the said party of the second part, his heirs, execu- 
tors, administrators and assigns, forever; provided, always, 
and these presents are upon this express condition: That if 
the said party of the first part shall pay or cause to be paid 
unto the said party of the second part, his heirs, or assigns, 
the sum of .... dollars, according to the conditions of two 
(or as the case may be) certain promissory notes, executed 

by payable to at , viz., $...., dated 

, due , with interest at .... per cent, per annum, 

until paid $. . . . (or omitting all after "promissory notes" 
and inserting ''of which the following are copies" and then 
insert copies, or if the indebtedness is not represented by 
promissory notes its character may be otherwise indicated.) 
Then these present to be void and of no efTect. And in case 
any default shall be made in the payment of any of said notes 
or other indebtedness, or any part thereof, or should the 
mortgagor sell or attempt to sell or otherwise dispose of the 
property, hereby conveyed, or any part thereof, without the 
consent of the mortgagee, or his assigns, or should any of 
said property be levied on by attachment, or otherwise, or 
should the mortgagee or his assigns at any time feel insecure, 
then in either event the mortgagee or his assigns, his agent 
or his attorney is hereby authorized to take possession of the 
property without process of law, and sell and dispose of the 
same at public or private sale; if at a public sale, after ten 
days' notice by printed or written notices posted in conspicu- 
ous places, at which sale any of the parties hereto may pur- 
chase as others, and, after satisfying the amount of said notes 
and all other indebtedness to the holder of this mortsfaee then 



AND FIRE INSURANCE. 213 

existing", and all expenses, the surplus, if any, shall be paid 
over to the niorlgagur, or his legal representatives or assigns. 

And the mortgagor hereby waives any and all rights of 
appraisement, sale and redemption secured to him by Chap- 
ter CX of Mansfield's Digest of the Statutes of Arkansas. 

In witness whereof the said party of the first part has here- 
unto set his hand and seal this .... day of , A. D., 19. . 

(Seal.) 

Signed and delivered in the presence of 

State of Arkansas, County of 

Personally appeared before the undersigned, a (official 
character) within and for the county aforesaid, duly com- 
missioned and acting , to me well known as the person 

whose name appears upon the within and foregoing deed as 
one of the parties grantor, and stated that he had executed 
the same for the consideration and purposes therein men- 
tioned and set forth. 

Also voluntarily appeared, C. B., wife of the said A. B., to 
me well known, and in the absence of her said husband, 
declared that she had of her own free will executed the same 
and signed the relinquishment of dower for the purpose 
therein contained and set forth without compulsion or under 
undue influence of her said husband. 

Witness my hand and seal as such (official character) this 

.... day of , A. D., 19. . 

(Name and official character.) 

Note. Above is joint acknowledgment of husband and 
wife. If no wife or for single person omit that part relating 
to wife. Wife conveying her separate estate, conveys like a 
single woman. To bar her dower in any of her husband's 
property she must join in the conveyance and make acknowl- 
edgment as above. 

"No conveyance, mortgage or other instrument affecting 
the homestead of any married man shall be of any validity ex- 
cept for taxes, laborers' and mechanics' liens, and the purchase 



5i4 INSTRUCTION IN REAL ESTATR 

money, unless his wife joins in the execution of such instru- 
ment and acknowledges the same." 

STATUTE LAW RELATING TO BILLS OF SALE. 
Bill of sale of personality is good between the parties 
thereto, but not as to third parties, such as creditors of the 
seller, if he retain possession. Bill of Sale, however, may be 
recorded or filed as a mortgage if intended as such. 

BILL OF SALE FORM. 

Know all men, by these presents, that I, A. B., of . . . ., in 
consideration of the sum of .... dollars to me in hand paid 
by C. D., of the same place, at and before the ensealing and 
delivering of these presents, the receipt whereof I do hereby 
acknowledge, (or if the consideration be different state it) 
have bargained, sold, released, granted, and confirmed, and 
by these presents, do bargain, sell, release, grant, and con- 
firm, unto the said C. D., all the following goods, household 
stuff, and implements of household, (or as the case may be), 
(here describe each article so it can be identified) now 
remaining and being (mention where they are) to have and 
to hold all and singular the said goods and chattels, etc., and 
every one of them, by these presents bargained, sold, released, 
granted, and confirmed, unto the said C. D., his heirs, execu- 
tors, administrators, and assigns, to his and their only proper 
use and behalf forever. 

Witness my hand and seal, this fourth day of , A. 

D., 19.. A. B. (Seal) 

Signed, sealed and delivered in presence of 

E. G. 

A. R. 

STATUTE LAW RELATING TO LANDLORD 
AND TENANT. 

If growing crop, the landlord has an absolute lien for his 
rent, and paramount to all others, l)ut for other than growing 



AND FIRE INSURANCE. 215 

crops there is no lien for rent. Property exempt from rent 
contract is the same as from other contracts. 

Landlord must give three days' notice, in writing, to quit 
before he can expel his tenant by reason of expiration of lease, 
or for non-payment of rent, or for any kind of unlawful 
detainor. 

A lease not in writing, when for more than one year's dura- 
tion, is void after one vear. 



LEASE FORM. 

This indenture made and executed this .... day of , 

A. D., 19. ., between of , of the first part, and 

of , of the second part, witnesseth that in con- 
sideration of the rents and covenants hereinafter expressed, 
the said party of the first part has demised and leased, and 
does hereby demise and lease to the said party of the second 
part . . . ., the following premises, viz.: (describe them) with 
the privileges and appurtenances, for and during a term of 
.... from the .... day of .... 19. ., which term will end 

And the said party of the second part covenants that 

he will pay to the party of the first part, for the use of said 
premises, the yearly rent of .... dollars ($....), to be paid 
monthly in advance in equal installments, without demand 
therefor being made by the party of the first part. 

And provided, said party of the second part shall fail to 
pay said rent, or any part thereof, when it becomes due, it 
is agreed that said party of the first part may sue for the same, 
or re-enter said premises, or resort to any legal remedy. 

The party of the .... part agrees to pay all .... taxes to 
be assessed on said premises during said term .... 

The party of the second part covenants that at the expira- 
tion of said term he will surrender up said premises to the 
party of the first part in as good condition as now, necessary 
wear and damage by the elements excepted, 



2l6 INSTRUCTION IN REAL ESTATE 

Witness the hands and seals of the said parties the day and 
year first above written. A. B. (Seal) 

C D. (Seal) 

Signed, sealed and delivered in presence of 

E. F. 

G. H. 

Note. Leases should be made in duplicate, one for each 
party. 

EXEMPTION AND HOMESTEAD LAW. 
Debtor allowed $500 personal property, if married or the 
head of a family, and also the wearing apparel of himself 
and family, together with a homestead not to exceed 160 
acres, if the homestead be a farm and exceed $2500 in value 
it can be cut down as low as 80 acres, but not lower regard- 
less of value, if it be property in town and exceed $2500 in 
value it can be cut as low as one-quarter acre but not less, 
regardless of value. If he be not a married man nor the head 
of a family, he is only entitled to $200 worth of personal prop- 
erty as exempt. Exemptions are only allowed as against 
debts by contract. A man cannot claim real estate or per- 
sonal property as against the unpaid purchase price. To be 
entitled to exemptions he must be a resident of this state. 

STATUTE LAW RELATING TO FENCES. 
Land owners must fence all stock out of their enclosures by 
a lawful fence, composed of sufficient posts- and rails, post and 
paling, palisades or rails alone laid up in the manner com- 
monly called worm fence, must be sufficiently close to prevent 
all stock from going through it, and must be five feet high. All 
stock to run at large. 

STATUTE LAW RELATING TO LIMITATION. 
Suits to recover lands must be brought within seven years 
accrued to the claimant or his predecessor in title. Suits upon 
written instruments, scaled or unsealed, must be brought with- 
in five years from maturity from date of partial payment. 



AND FIRE INSURANCE. 21/ 

DECEDENTS DEBTS. 
Debts are paid according to the following order of prefer- 
ence: 1st. Funeral expenses. 2d. Expenses of last illness, in- 
cluding medicines and medical attention, wages of servants. 
3d. Judgments rendered in lifetime of deceased, if they were 
a lien on land. 4th. All demands without regard to quality, 
which are properly authenticated and exhibited to adminis- 
trator within one year after grant of letters. 5th. All demands, 
without regard to quality, which are properly authenticated 
and exhibited to administrator after one year and before ex- 
piration of two years from date of letters. All demands not 
presented within two years are barred. Death does not affect 
judgments or mortgages which are liens upon lands; creditors 
can probate debt and enforce mortgage or judgment at same 
time, having only one satisfaction. Administrator should 
close up estate in two years, though time can be extended on 
proper showing. Real estate is only assets in hands of admin- 
istrator for payment of debts of decedent. 

STATUTE LAW RELATING TO DESCENT AND 
DISTRIBUTION. 

A decedent's estate, not disposed of by will or limited by 
marriage settlement, after payment of debts and legal charges 
for settling, vests as follows : 

A widow, if there be issue, and against creditors, takes one- 
third of the realty for life and one-third of the personalty ab- 
solutely, and if there be no issue, but collateral heirs or other 
kindred, she takes half of the realty, including the mansion 
house and buildings appurtenant, and one-half of the person- 
alty absolutely, if a new acquisition, and as against creditors, 
one-third of each absolutely. If an ancestral estate, one-half 
of real estate for life as against collateral heirs, and one-third 
for life as against creditors. If there is a will, she may elect 
to take dower in lieu of taking under the will. 

Curtesy is governed l)y the common law. 
"Subject to debts and widow's dower or marriage scttlenicnt, 



2l8 INSTRUCTION IN REAL ESTyVTE 

the property of an intestate descends as follows: To children 
or their descendants in equal parts. If there be no children, 
then to the father, then to the mother, if no father or mother, 
then to the brother or sisters and their descendants in equal 
parts. If none of the above survive intestate, then to the 
grandfather, grandmother, uncles and aunts and their de- 
scendants in equal parts ; and so on in other cases, without end, 
passing to the nearest lineal ancestor and their children in 
equal parts. If there be no children, or their descendants, 
father or mother of their descendants, or any paternal or ma- 
ternal kindred capable of inheriting, the whole shall go to the 
husband or wife of the intestate, and if there be no husband or 
wife, it goes to the state. 

Half blood share equally with those of the whole blood, un- 
less intestate inherited estate from ancestor, in which event 
only those of his blood inherit. 

If all descendants or heirs are of same degree of consan- 
guinity, they share per capita; if of different degrees, per 
stirpes. 

Posthumous children of the intestate inherit in like manner 
as if born in lifetime of intestate. Illegitimate children can- 
not inherit from father, but are capable of inheriting and 
transmitting an inheritance on the part of their mother in like 
manner as if legitimate. The marriage of parents of an ille- 
gitimate child and their recognition of it, legitimates it. Chil- 
dren born of void marriages are nevertheless legitimate. 

DISTRIBUTION OF PROPERTY BY WILL. 
Every male over 21 years and female over 18 years and of 
sound mind, can dispose of property by will. A will must be 
in writing, except as hereinafter stated, and signed and ac- 
knowledged by testator in presence of two witnesses, who, in 
his presence, in the presence of each other and at his request 
must sign the will as witnesses. Wills entirely in the hand- 
writing of testator do not require witnesses. Noncupative 
wills arc good where the estate bequeathed docs not exceed 



AND FIRE INSURANCE. ^19 

$500. They must be made in the presence of two witnesses, 
and it must be shown that the testator at the time of pronounc- 
ing the will called on persons present to bear witness to 
such will. In this case testator must also pronounce his will 
at his place of residence or where he had resided for ten days, 
unless on a journey. The substance of all such wills must be 
reduced to writing- within fifteen days after spoken and must 
be offered for probate witliin six months after pronounced. 
All real property owned by testator in fee simple, and all kinds 
of personal property are devisa1)le by will to the same extent 
as descendable by inheritance or alienable by deed. 

Failure to mention name of child if living or its legal repre- 
sentative if dead, shall operate, so far as regards tlie child, 
as if descendent had died intestate. On birth of a child after 
making of will, unless the child is mentioned or provided for 
therein, the child will succeed to its father's estate to the same 
extent as if he had died intestate. 

A will executed by an unmarried woman or man shall be 
deemed revoked by her or his subsequent marriage. 

NOTARY PUBLIC. 

Must be citizen of the county for which appointed. Ap- 
pointed by the Governor; term of office, four years; fee, $5. 
Bond of $1000. required. 

Application should be made to the Secretary of State who 
will notify when to appear and take oath of office. Notary 
must provide a seal and must state when his commission ex- 
pires on all acknowledgments. Fees — for notice of protest, 50 
cents ; entering protest, 75 cents ; registering protest, 40 cents ; 
taking acknowledgments, 50 cents. 

LAWS CONCERXIXG ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 
Acknowledgments made, out of this state, of deeds, mort- 
gages and other instruments concerning land for record in 
Arkansas, may be made before, if within the United States, 



220 INSTRUCTION IN REAL ESTATE 

any court of tlic United States or any state or territory hav- 
ing" a seal, or the clerk of any such court, or before any 
notary public or before the mayor of any city or town or the 
chief officer of any city or town having a seal, or by a com- 
missioner appointed by the governor of this state, or before 
any clerk of a court of record in the Indian country, embrac- 
ing the five civilized tribes, provided such clerk have a seal. 
When acknowledged outside the United States, before the 
court of any state, kingdom or empire having a seal, or any 
mayor or chief officer of a town having a seal, or other officer 
having an official seal and qualified to perform like service in 
his own country. 

CALIFORNIA. 

STATUTE LAW RELATING TO DEEDS. 
Deeds are valid without witnesses and need not be sealed. 
Conveyances of real property acknowledged, or proved and 
certified and recorded, from the time they are filed with the 
recorder for record are constructive notice of their contents 
to subsequent purchasers or mortgagees. 

STATUTE LAW RELATING TO MARRIED WOMEN. 

A married woman has the same right and power concern- 
ing her property as if unmarried. She may sue or be sued, 
and may prosecute and defend as if unmarried. All property 
acquired by husband before marriage, and that acquired after- 
w^ards by gift, devise, bequest or descent is his separate prop- 
erty. The same is true of the wife. All other property 
acquired after marriage by either is community property. No 
estate is allowed husband by courtesy on death of wife, and 
wife has no dower upon his death. 

The property of the community is not liable for contracts 
of wife made after marriage. Earnings of wife are not liable 
for debts of husband. The husband's separate property is 
not liable for the wife's debts. 

In case of divorce for adultery or extreme cruelty com- 



AND FIRE INSURANCE. 221 

miinity property must be assigned to the parties in such pro- 
portion as the court shall deem just, but in no event shall less 
than half be awarded to the innocent party. If the divorce 
is for other cause it must be equally divided. If a homestead 
has been selected from the community property it may be 
assigned to the innocent party, either absolutely or for a 
limited period, subject in the latter case to the future dispo- 
sition of the court, or it may, in the discretion Of the court, be 
divided, or sold and the proceeds divided. If a homestead 
has been selected from a separate property of either it must 
be assigned to the former owner, subject to the power of the 
court to assign it for a limited period to the innocent party. 

WARRANTY DEED. 

This indenture made the .... day of .... the year of our 
Lord one thousand nine hundred and . . . . , between J. J., of 
the city of . . . ., in the state of . . . ., and Mary, his wife, par- 
ties of the first part, and W. B., of . . . ., and state aforesaid 
of the second part ; witnesseth that the said parties of the first 
part for and in consideration of the sum of .... dollars, law- 
ful money of the United States of America, to them in hand 
paid by the said party of the second part, at and before the 
ensealing and delivery hereof, the receipt whereof, they do 
hereby confess and acknowledge, do .... by these presents, 
grant, bargain and sell, convey and confirm, unto the said 
party of the second part, and to .... heirs and assigns for- 
ever, all the certain lot, piece or parcel of land, situate, lying 
and being in the .... county of Los Angeles, state of Cali- 
fornia, and bounded and particularly described as follows, to 
wit : 

Together with all and singular the tenements, heredita- 
ments and appurtenances thereunto belonging or in any wise 
ai)pertaining, and the reversion and reversions, remainder 
and remainders, rents, issues and profits thereof. 

To have and to hold all and singular the said premises, 



222 INSTRUCTION IN REAL ESTATE 

together with the appurtenances unto the said part .... of 
the "second part, and to .... heirs and assigns forever. . . . 

In witness whereof, the said parties of the first part have 
hereunto set their hands and seals, the day and year first 
above written. J. J. (Seal.) 

Mary J. (Seal) 

Signed, sealed and delivered in the presence of 

E. A. 

R. M. 
State of , County of , ss : 

On this .... day of . . . ., in the year . . . ., before me (here 
insert name and quality of the officer) personally appeared 
. . . ., known to me (or proved to me on the oath of . . . .) 
to be the person whose name is subscribed to the within in- 
strument, and acknowledged to me that he (she or they) 
executed the same .... 

(Name and official character.) 



REAL ESTATE MORTGAGE FORM. 
This indenture witnesseth that A. B., of .... party of the 
first part, (if the mortgage is that of a married man and the 
wife joins, as is commonly the case, to extinguish her dower 
or other rights, insert ''and Mary B., his wife" and make 
other corresponding changes below), in consideration of .... 
dollars "to him paid by C. D., party of the second part, the 
receipt whereof is hereby acknowledged, does hereby give, 
grant, bargain, sell, release, convey and confirm to the said 
C. D., his heirs (''successors" instead of ''heirs" if mortgage 
is to a corporation) and assigns forever the following 
described premises, situate in the .... of .... count of .... 
and state of ...., (describe it so that it may be accurately 
identified) and all the right, title and interest of the said A. 
B. either in law or equity, in and to the said premises ; 
together with all the appurtenances to the same belonging. 
To have and to hold the same unto the said C. D., his heirs 



AND FIRE INSURANCE. 227^ 

and assigns forever, and the said A. B., for himself and his 
heirs, executors and administrators, hereby covenants with 
the said C. D., his heirs and assigns that he, the said A. B., 
is lawfully seized of the said premises, in fee simple, and has 
full right and power to convey the same, that the title and 
premises so conveyed are clear and unencumbered; (if there 
are any exceptions to this state them) and further, that he 
will warrant and defend the same against all claim or claims 
of all persons whomsoever. Provided, nevertheless, that 
whereas the said A. B. has executed and delivered unto the 
said C. D., a certain (bond, promissory note, or as the case 
may be) bearing even date herewith (then proceed to further 
describe it so that it may be identified with certainty, or if 
short, a copy of it may be here inserted, the fact being stated 
that it is a copy). 

Now if the said A. B., his heirs, executors, administrators 
or assigns shall pay said debt or sum of .... dollars and 
interest which shall accrue thereon to the said C. D., his heirs 
or assigns, according to the tenor thereof, then this mortgage 
shall be void. 

In witness thereof, the said A. B has hereunto set 

his hand and seal this .... day of .... in the year of our 
Lord A. B. (Seal) 

Signed and acknowledged in presence of 

E. F. 

G. H. 

, I9-- 

Then personally appeared the above named .... and 
acknowledged the foregoing instrument to .... his free act 
and deed, before me. 

STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 
IMortgages can be made upon the following personal prop- 
erty, and none other: Locomotives, engines, and other rolling 
stock of a railroad; steamboat machinery, the machinery 



224 INSTRUCTION IN REAL ESTATE 

used by machinery foiindrymen, and mechanics, steam 
engines and boilers, mining machinery, printing presses and 
material, professional libraries, instruments of surveyors, phy- 
sicians, and .dentists, upholstery, furniture, and household 
goods, oil paintings, pictures, and works of art; all growing 
crops, including grapes and fruit; vessels of more than five 
tons' burden; instruments, negatives, furniture and fixtures 
of a photograph gallery; the machinery, casks, pipes, tubes 
and utensils used in the manufacture or storage of wine, fruit 
brandy, fruit syrups, or sugar, also wines, fruit brandy, fruit 
syrups, or sugar, with the cooperage in which the same are 
contained; pianos and organs, iron and steel safes, cattle, 
horses, mules, swine, sheep, and goats and the increase there- 
of ; harverters' threshing outfit, hay presses, wagons, farming 
implements and the equipments of a livery stable, including 
buggies, carriages, harness, robes ; abstract systems, books, 
maps, papers, and slips of searchers of records; raisins and 
dried fruits cured or in the process of being cured; also all 
boxes, fruit graders, drying trays and fruit ladders. 

A mortgage of personal property is void as against cred- 
itors of the mortgagor and subsequent purchasers and incum- 
brances of the property in good faith and for value unless it 
is accompanied by the affidavit of all parties thereto that it is 
made in good faith and without any design to hinder, delay, 
or defraud creditors; it is acknowledged or proved, certified 
and recorded in like manner as grants of real property. It 
must be recorded in the county in which the mortgagor 
resides, and also in the county where the property is situated. 

CHATTEL MORTGAGE. 

Know all men by these presents, that residing in 

county of state of party of the first 

part, being justly indebted to , residing in , party 

of the second part, in the sum of .... dollars, which is hereby 
confessed and acknowledged, has, for the purpose of secur- 
ing the payment of said debt, granted, bargained, sold and 



AND FIRE INSURANCE. 225 

mortgaged, and by these presents does grant, bargain, sell 
and mortgage unto the said party of the second part, his 
heirs, executors, administrators and assigns, all that certain 
personal property described as follows, to wit: (Describe it 
and state where it is and in whose possession), all of which 
property the party of the first part covenants is free and clear 
from all liens and encumbrances, (here mention Exemptions, 
if any) and the said party of the first part for himself, his 
heirs, executors, and administrators, all and singular, the 
goods, chattels and personal property above bargained and 
sold, unto the said party of the second part, his executors, 
administrators and assigns, against him the said party of the 
first part, and against all and every other person or persons, 
whomsoever, shall and will warrant and forever defend. 

To have and to hold, all and singular, said goods, and chat- 
tels, unto the said party of the second part, his heirs, execu- 
tors, administrators and assigns, forever ; provided, always, 
and these presents are upon this express condition : That if 
the said party of the first part shall pay or cause to be paid 
unto the said party of the second part his heirs or assigns, 
the sum of .... dollars, according to the conditions of two 
(or as the case may be) certain prommissory notes, executed 

by , payable to at viz., $ dated 

due with interest at per cent, per annum, until 

paid (or omitting all after "promissory notes" and inserting 
''of which the following are copies" and then insert copies, 
or if the indebtedness is not represented by promissory notes 
its character may be otherwise indicated). Then these pres- 
ents to be void and of no eflfect. And as long as the condi- 
tions of this mortgage are fulfilled, the said party of the first 
part is to remain in peaceful possession of said property, and 
in consideration thereof agrees to keep said property in as 
good condition as it now is, at the cost and expense of said 
first party. 

In witness whereof, the said party of the first part has here- 



226 TNSTRUCTTON IN REAL ESTATE 

unto set his liand and seal, this .... day of . . . ., A. D., 19. . 

\ (Seal) 

Signed and delivered in the presence of 



I9-- 

Then personally appeared the above named and 

acknowledged the foregoing instrument to be .... free act 
and deed, and that it is not made to hinder or defraud cred- 
itors, before me. 

STATUTE LAW RELATING TO BILLS OF SALE. 

Bill of Sale of personality is good between the parties 
thereto, but not as to third parties, such as creditors of 
the vendor unless there is an actual and continued change of 
possession. 

BILL OF SALE FORM. 

Know all men, by these presents, that I, A. B., of , 

in consideration of the sum of .... dollars to me in hand 
paid by C. D. of the same place, at and before the ensealing 
and delivering- of these presents, the receipt whereof I do 
hereby acknowledge, (or if the consideration be different 
state it), have bargained, sold, released, granted, and con- 
firmed, and by these presents, do bargain, sell, release, grant 
and confirm, unto the said C. D., all the following goods, 
household stuff, and implements of household, (or as the 
case may be) (here describe each article so it can be identi- 
fied) now remaining- and being (mention where they are) to 
have and to hold all and singular the said goods and chattels, 
etc., and every one of them, by these presents bargained, sold, 
released, granted, and confirmed, unto the said C. D., his 
heirs, executors, administrators, and assigns, to his and their 
only proper use and behalf forever. 

Witness my hand and seal, this fourth day of . . . . , A. D., 
19- • A. B. (Seal) 

Signed, sealed and delivered in presence of 

E. G. 

A. R. 



AND FIRE INSURANCE. 227 

STATUTE LAW RELATING TO LANDLORD 

AND TENANT. 

A landlord must give thirty days' notice to quit before he 

can expel his tenant by reason of expiration of term of lease. 

He may expel him for nonpayment of rent due, but he must 

give three days' notice. 

A lease not in writing and signed by the lessor, if for more 
than one year, will have effect of creating a tenancy at will 
only. 

LEASE FORM. 

This indenture made and executed this .... day of ...., 

A. D., 19. ., between , of , of the first part, and 

of , of the second part, witnesseth that in con- 
sideration of the rents and covenants hereinafter expressed, 
the said party of the first part has demised and leased, and 
does hereby demise and lease to the said party of the second 
part .... the following premises, viz.: (describe them) with 
the privileges and appurtances, for and during a term of .... 

from the .... day of , 19. ., which term will end .... 

And the said party of the second part covenants that he will 
pay to the party of the first part, for the use of said premises, 
the yearly rent of .... dollars ($....), to be paid monthly 
in advance in equal installments, without demand therefor 
being made by the party of the first part. 

And provided, said party of the second part shall fail to 
pay said rent, or any part thereof, when it becomes due, it is 
agreed that said party of the first part may sue for the same, 
or re-enter said premises, or resort to any legal remedy. 

The party of the .... part agrees to pay all .... taxes to 
be assessed on said premises during said term .... 

The party of the second part covenants that at the expira- 
tion of said term he will surrender up said premises to the 
party of the first part in as good condition as now, necessary 
wear and damage by the elements excepted. 



228 INSTRUCTION IN REAL ESTATE 

Witness the hands and seals of the said parties the day and 
vear first above written. A. B. (Seal) 

C. D. (Seal) 

Signed, sealed and delivered in presence of 

E. R 

Note. Leases should be made in duplicate, one for each 
party. 

NOTICE TO PAY RENT OR VACATE PREMISES. 
To 

Sir: — You are hereby notified that the rent for the month 

, for the house and premises (definitely locate and 

describe it) belonging to me which you now occupy, accord- 
ing to the terms of the lease by which you hold, amounts to 

$. . . . and is now due and has been due since I now 

demand that you pay the said amount to the undersigned or 

vacate the premises by If the rent is not paid or the 

premises are not vacated in compliance with this request and 
notice, action will be commenced to obtain possession of the 
premises and for treble rent. This is intended as a three days' 
notice to pay rent or vacate the premises. 

Dated this .... day of , 19. . 



NOTICE TERMINATING TENANCY. 
To 

Tenant in Possession : , 

You are hereby notified that on the fifth day of June, 19. ., 
your lease or tenancy for the premises you hold possession 

of, situate , said premises consisting of and now 

owned by of will terminate and end, and you 

are requested and required to deliver possession thereof to 

tlie undersigned, agent of , landlord, on the fiftii day 

day of June, 19. . 

Agent for 



AND FIRE INSURANCE. 229 

EXEMPTION AND HOMESTEAD LAW. 

II(Dmesteacls may be selected and claimed; of not exceed- 
ing five thousand dollars in value by any head of a family, or 
by the spouse jointly, or by the wife if the husband has not 
made such selection and claim. Of not exceeding one thou- 
sand dollars in value by any other person. 

It may be selected from the community property or from 
the separate property of the husband; but not from the sep- 
arate property of the wife unless she joins in the homestead. 

It must be acknowledged and recorded in the same manner 
as grants of real property. 

It is exempt from execution and forced sale except as fol- 
lows : Before the declaration of homestead was filed for 
record, and which constitute liens upon the premises ; on debts 
secured by mechanics, contractors, subcontractors, laborers of 
every class and material men and vendors liens upon the 
premises. On debts secured by mortgages on the premises 
executed and acknowledged by the husband and wife, or by 
an unmarried claimant. On debts secured by mortgages on 
premises executed and recorded before the declaration of 
homestead was filed for record. 

It is necessary that the claimant must reside on the prem- 
ises so selected as a homestead. 

The following property is exempt from execution, except 
as herein otherwise specially provided : 

1. Chairs, tables, desks, and books, to the value of two 
hundred dollars, belonging to the judgment debtor. 

2. Necessary household, table and kitchen furniture be- 
longing to the judgment debtor, including one sewing-ma- 
chine, stove, stovepipes, and furniture, wearing apparel, beds, 
bedding and bedsteads, hanging pictures, oil paintings and 
drawings, drawn or painted by any member of the family 
and family portraits and their necessary frames, provisions 
actually provided for individual or family use, sufficient for 
three months, and three cows and their sucking calves, four 
hogs with their sucking pigs, and food for such cows and 



^3^ mSTRUCTtOlvr IN RRAr, KSTATK 

hogs for one month; also, one piano, one shotgun and otie 
rifle. 

3. The farming utensils or implements of husbandry of 
the judgment debtor not exceeding in value the sum of one 
thousand dollars ; also two oxen, or two horses, or two mules, 
and their harness, one cart or wagon, and food for such 
oxen, horses, or mules, for one month ; also, all seed, grain, 
or vegetable actually provided, reserved, or on hand for 
the purpose of planting or sowing at any time within the 
ensuing six months, not exceeding in value the sum of two 
hundred dollars, and seventy-five bee-hives, and one horse 
and team belonging to any person who is maimed or crippled, 
and the same is necessary in his business. 

4. The tools or implements of a mechanic or artisan nec- 
essary to carry on his trade ; the notarial seal, records, and 
office furniture of a notary public ; the instruments and chest 
of a surgeon, physician, surveyor, or dentist, necessary to the 
exercise of their profession with their professional libraries 
and necessary office furniture ; the professional libraries of 
attorneys, judges, ministers of the gospel, editors, school- 
teachers, and music teachers, and their necessary office furni- 
ture ; also, the musical instruments of music teachers actually 
used by them in giving instructions, and all the indices, 
abstracts, books, papers, maps, and office furniture of a 
searcher of records necessary to be used in his profession ; 
also, the typewriters, or other mechanical contrivances em- 
ployed for writing in type, actually used by the owner thereof 
for making his living; also, one bicycle, when the same is 
used by its owner for the purpose of carrying on his regular 
business, or when the same is used for the purpose of trans- 
porting the owner to and from his place of business. 

5. The cabin or dwelling of a miner, not exceeding in 
value the sum of five hundred dollars ; also, his sluices, pipes, 
hose, windlass, derrick, cars, pumps, tools, implements, and 
a])i)liances necessary for carrying (in any mining operations 
not exceeding in value the aggregate sum of five hundred 



AND FIRE INSURANCE. 23 1 

dollars; and two horses, mules, or oxen, with their harness, 
and food for such horses, mules, or oxen for one month, 
when necessary to be used in any whim, windlass, derrick, 
car, pump, or hoisting- gear; and also his mining claim, actu- 
ally worked by him, not exceeding in value the sum of one 
thousand dollars. 

6. Two horses, two oxen, or two mules, and their harness, 
and one cart or wagon, one dray or truck, one coup, one 
hack or carriage, for one or two horses, by the use of which 
a cartman, drayman, truckman, huckster, peddler, hackman, 
teamster, or other laborer habitually earns his living, and 
one horse, with vehicle and harness or other equipments used 
by a physician, surgeon, constable, or minister of the gospel, 
in the legitimate practice of his profession or business, wdth 
food for such oxen, horses, or mules for one month. 

7. One fishing boat and net, not exceeding the total value 
of five hundred dollars, the property of any fisherman, by 
the lawful use of which he earns a livelihood. 

8. Poultry not exceeding in value twenty-five dollars. 

9. Seamen and sea-going fishermen's wages and earnings, 
not exceeding one hundred dollars. 

10. The earnings of a judgment debtor for his personal 
service rendered at any time within thirty days next preced- 
ing the levy of execution or attachment, when it appears, by 
the debtor's afiidavit or otherwise that such earnings are nec- 
essary for the use of the family, residing in this state, sup- 
ported in whole or in part by his labor; but where debts are 
incurred by any person, or his wnie or family, for the 
common necessaries of life, or have been incurred at a time 
when the debtor had no family, residing in this state, sup- 
ported in whole or in part by his labor, the one-half of such 
earnings above mentioned are nevertheless subject to execu- 
tion, garnishment, or attachment to satisfy debts so incurred. 

11. The shares held by a member of a homestead associa- 
tion duly incorporated, not exceeding in value one thousand 
dollars, if the person holding the shares is not the ovi^ner of 



232 INSTRUCTION IN REAL ESTATE 

a homestead under the laws of this state. All the nautical 
instruments and wearing apparel of any master, officer, or 
seaman of any steamer or other vessel. 

12. All moneys, benefits, privileges, or immunities, accru- 
ing or in any manner growing our of any life insurance on 
the life of the debtor, if the annual premiums paid do not 
exceed five hundred dollars. 

13. All fire engines, hooks and ladders, with the carts, 
trucks, and carriages, hose buckets, implements, and appar- 
atus thereunto appertaining, and all furniture and uniforms 
of any fire company or department organized under any laws 
of this state. 

14. All arms, uniforms, accoutrements required by law 
to be kept by any person, and also one gun to be selected by 
the debtor. 

15. All court houses, jails, public offices, and buildings, 
lots, grounds and personal property, the fixtures, furniture, 
books, papers, and appurtenances belonging and pertaining to 
the jail and public offices belonging to any county, or to any 
city and county of the state, and all cemeteries, public squares, 
parks, and places, public buildings, town halls, markets, 
buildings for the use of fire departments and military organ- 
izations and the lots and grounds thereto belonging and apper- 
taining, owned or held by any town or incorporated city, or 
dedicated by such town or city to health, ornament, or public 
use, or for the use of any fire or military company organized 
under the laws of this state. 

16. All material purchased in good faith for use in the 
construction, alteration, or repair of any building, mining 
claim, or other improvement, as long as in good faith the same 
is about to be applied to the construction, alteration, or repair 
of such building, mining claim, or other improvement. 

No article, however, or species of property mentioned in 
tills section is exempt from execution issued upon a judgment 
of foreclosure of a mortgage thereon. 

To the above list must be added the followiuij: 



AND FIRE INSURANCE. 233 

All machinery, tools and implements necessary in and for 
boring, sinking, putting down and constructing surface or 
artesian wells ; also the engines necessary for operating such 
machinery, implements, tools, etc. ; also all trucks necessary 
for the transportation of such machinery, tools, implements, 
engines, etc., to the value of $1000. 

STATUTE LAW RELATING TO FENCES. 

If any animals shall break into any ground inclosed by a 
lawful fence, the owner or manager of such animals shall be 
liable to the owner of such inclosed premises for all damages 
sustained by such trespass, and if repeated, by the neglect of 
the owner, he is liable to double damages for the second 
offence. 

If the owner or occupier of any ground or crops injured 
by any animals breaking into or entering on ground not in- 
closed by lawful fences shall kill, injure or hurt any such 
animal he shall be liable to the owner for all damages and 
costs of suit for such damages. 

STATUTE LAW RELATING TO LIMITATION. 

On real actions, five years, except that the state will not sue 
any person in relation to real property unless the right accrued 
within ten years or the people or those under whom they 
claim have received the rents within ten years. Actions must 
be commenced within five years upon a judgment or mesne 
profits of real property ; within four years, upon any contract, 
obligation or liability founded upon an instrument in writing 
executed in this state ; within three years, upon a liability 
created by statute, other than a penalty or a forfeiture, or for 
trespass upon real property, or for taking, detaining or injur- 
ing any goods or chattels. 

In case of suit for relief on the ground of fraud, limitation 
does not begin to run until discovery of the fraud. 

Action must be brought within two years upon a contract, 
obligation or liability not founded upon an instrument of 



234 INSTRUCTION IN REAL ESTATE 

writing, or founded on an instrument in writing executed out 
of the state ; or upon an open account. 

DECEDENT'S DEBTS. 

Order of preference: i. Funeral expenses. 2. Expenses of 
last sickness. 3. Family allowance and expenses of adminis- 
tration ; the wages of each miner, mechanic, salesman, clerk, 
servant, laborer, and anyone who renders service or performs 
work, within sixty days preceding the death of any employer, 
not exceeding one hundred dollars. 4. Debts having prefer- 
ence by the laws of the United States. 5. Judgments ren- 
dered against decedent in his life time, and mortgages in order 
of their date. 6. All other demands. 

Mortgages or liens may be foreclosed on property of estate 
subject thereto where all recourse against any other property 
of the estate is expressly waived in the complaint. 

STATUTE LAW RELATING TO DESCENT AND 
DISTRIBUTION WHEN NO WILL IS LEFT. 

A decedent's estate not disposed of by will or otherwise 
limited by marriage contract, after payment of debts and legal 
charges for settling, vests as follows : 

A surviving husband or wife, if there be one child, takes 
one-half of all property and such child or issue one-half. If 
there be more than one child living, or one child living and 
lawful issue of one or more deceased children, one third to 
husband or wife and remainder in equal shares to his children 
and lawful issue of such deceased child by right of represen- 
tation; but if no child of decedent be living at his death, re- 
mainder goes to all of his lineal decendents ; if all are of same 
degree they share equally, otherwise according to representa- 
tion. If there be no surviving husband or wife, but issue, the 
whole estate goes to such issue, and if such issue consists of 
more than one child living and the lawful issue of one or 
more deceased cliildrcn, tluMi tlie estate goes in ecfual shares 
to chil(h-en living ur child living and issue of any deceased by 



AUD FTRR INSURANCE. 235 

right of representation. If there be no issue, estate goes one- 
half to husband or wife and the other half to decedent's father 
and mother, or if either be dead, all to survivor. If there be 
no father or mother, one-half goes to brothers and sisters in 
equal shares, and to children or grandchildren of the deceased 
brother or sister by representation. If there be no issue, 
husband or wife, to father or mother in e([ual shares; if either 
be dead to the other. 

If there be neither issue, husband or wife, father or mother, 
then in equal shares to brothers and sisters, and to children or 
grandchildren of such deceased, by right of representation. 

If decedent leave husband or wife, and neither father, 
mother, brother or sister, estate goes to next kin in equal 
degree, except if there be two or more collateral kindred in 
equal degree, but claiming through different ancestors, those 
claiming through nearest ancestors must be preferred. 

If deceased leave several children, or one child and the 
issue of one or more children, and any such surviving child 
dies under age, not having been married, all the estate that 
came to the deceased child by inheritance, from such decedent, 
descends in equal shares to the other children of same parent, 
and to issue of any such other children who are dead, by 
representation. If at death of any such child who dies under 
age, not having been married, all the other children of his 
parents are also dead, and any have left issue, the estate that 
came to such child by inheritance from his parent goes to the 
issue of all other children of same parent, and if the issue are 
in same degree of kin to the child, they share equally, other- 
wise by representation. 

If deceased be a widow or widower and leave no kindred, 
and estate was common property of such decedent and his or 
her deceased spouse, while spouse was living, such property 
shall go to children of such deceased spouse and descendants 
thereof, and if none, to his or her father, or if he be dead, to 
mother; if both be dead to brothers and sisters of such de- 
ceased spouse in equal shares or the lawful issue of any such 



236 INSTRUCTION IN REAL ESTATE 

. rotlicr or sister deceased. If there be no husband, wife or 
kindred, and no heirs to take his estate, the estate escheats to 
the state for support of common schools. Kindred of half- 
blood inherit equally with those of whole blood in same degree, 
unless inheritance comes to intestate by descent, devise or gift 
of his ancestors, in which case all who are not of that blood 
are excluded. An illegitimate child is heir of a person who in 
writing acknowledges himself to be father of such child; and 
in all cases is heir of his mother. His estate goes to: i, his 
lawful issue ; 2, his mother ; 3, her heirs. Subsequent mar- 
riage of parents legitimates such child. Descendants and 
relatives of an intestate begotten before his death but born 
after, take as if born in his lifetime. A decedent intestate 
may advance to a child a part or all of his or her share. Upon 
death of husband one-half of the community property goes to 
surviving wife and the other half to testamentary disposition 
of the husband. Upon death of wife all community property 
goes to husband. 

DISTRIBUTION OF PROPERTY BY WILL. 

Every person of sound mind over eighteen years of age may 
dispose of all his estate by last will. All wills (except nuncu- 
pative) must be in writing, subscribed at the end by the 
testator himself, or some person in his presence and at his 
direction, and (except olographic) in the presence of two wit- 
nesses, who must sign the same at the end of the will at his 
request, or the testator may acknowledge to the attesting wit- 
nesses that the subscription of his name was made by him or 
by his authority, if the subscription be not made in their pres- 
ence. The testator must at the time of subscribing the same 
declare to the attesting witnesses that it is his will. 

An olographic will entirely written, dated and signed by 
the testator, may be made either in or out of the state. It is 
sul)ject to no other form and requires no witnesses. 

An estate not exceeding one thousand dollars may be be- 
queathed by nuncupative will. Same must be proved by two 



AND FIRE INSURANCE. 237 

witnesses who were present, one of whom was requested by 
testator to bear witness that such was his will. Decedent 
must, at the time, have been in actual military service on the 
field, or doing duty on shipboard at sea, in either case in 
actual fear, contemplation or peril of death, or in expectation 
of death from an injury received the same day. 

If testator marries after making his will, and wife survives 
him, the will, is revoked, unless she is provided for by mar- 
riage contract in the will, or intention manifested in the will 
not to make such provision. The same is true in case of issue 
born from marriage after w^ill is made. 

If a single woman makes a will and marries, it is entirely 
revoked thereby and not revived by the husband's death. 

No estate shall be bequeathed or devised to a charitable in- 
stitution unless by will, duly executed at least thirty days 
prior to decedent's death, and no such bequeaths shall collec- 
tively exceed one-third of such estate if he leave legal heirs. 

A Avill may be contested within one year after it has been 
admitted to probate; also at the time it is ofifered for probate. 

If a child l)c born after the will is made and not provided 
for l)y the will or otherwise, such child will take a share as if 
there has been no will, and in any case if no provision is made 
in a will for a child or issue of a deceased child, unless it ap- 
pears that such omission was intentional, such child or issue 
will take as if there were no will. 

NOTARY PUBLIC. 

Application should be made to the Secretary of State who 
will notify when to appear and take oath of office. Applicant 
must be twenty-one, citizen of State and resident of county 
for six months. Appointed by the Governor. Fee $5. 
Term, four years. Bond $5000. required, also seal of office. 
Fees— Protest $2., notice of protest $1., recording same $1., 
taking acknowledgments, $1. each for first two signatures, 
50 cents each for additional. Administering oath 50 cents. 



238 INSTRUCTION IN REAL ESTATE 

LAWS CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 
Acknowledgments made outside the state, of deeds, mort- 
gages and other instruments concerning land or personal 
property for recording in California, may be made before a 
notary public in this or any other country or before an officer 
or magistrate in the United States authorized to take acknowl- 
edgments by the local law. They may be made in foreign 
countries before ambassadors or other United States officers 
exercising ministerial functions. A major or higher military 
officer commissioned for such purpose by the governor of this 
state may take acknowledgments of soldiers in service out of 
the state. 

COLORADO. 

STATUTE LAW RELATING TO DEEDS. 
Witnesses to deeds are not required and seals are abolished. 
No conveyance or mortgage of property shall be binding 
against the wife who occupies the premises with her husband, 
unless she shall freely and voluntarily, separate and apart from 
her husband, sign and acknowledge the same. 

STATUTE LAW RELATING TO MARRIED WOMEN. 

Courtesy and dower are abolished; a married w^oman has 
all the rights, privileges and standing of one unmarried ; the 
property of both husband and wife is equally bound for the 
expenses of the family and the education of the children. 

Married women may make a will, but may not bequeath 
more than one-half of her property, real or personal, away 
from her husband without his consent in writing. If a married 
man by will deprives his widow of over one-half of his prop- 
erty, widow may elect to abide by the will or take one-half 
his estate, real or personal, regardless of the will. 

WARRANTY DEED. 

This indenture made the day of the year 

of our Lord one thousand nine hundred and ......... between 



AND FIRE INSURANCE. ^39 

J. J., of the city of , in the state of , and 

Mary, his wife, parties of the first part, and W. B. of , 

and state aforesaid, of the second part; witnesseth that the 
said parties of the first part for and in consideration of the 

sum of dollars, lawful money of the United States 

of America, to them in hand paid by the said party of the 
second part, at and before the ensealing and delivery hereof, 
the receipt whereof they do hereby confess and acknowledge, 
ha. . granted, bargained, sold and conveyed, and by these 
presents do. . grant, bargain, sell, convey and confirm unto 

the said par. . of the second part, heirs and assigns 

forever, all the following described lot. . or parcel. . of land, 

situate lying and being in the county of , and state 

of Colorado, to wit ; 

Together with all and singular the hereditaments and appur- 
tenances thereunto belonging, or in anywise appertaining, and 
the reversion and reversions, remainder and remainders, 
rents, issues, and profits, thereof, and all the estate, right, title, 
interest, claim and demand whatsoever of the said par. . of 
the first part, either in law or equity, of, in and to the above 
bargained premises, with the hereditaments and appurte- 
nances. 

To have and to hold the said premises above bargained and 
described, with the appurtenances, unto the said party of the 

second part, heirs and assigns forever. And the 

said part., of the first part, for heirs, 

executors and administrators, do. . covenant, grant, bargain, 
and agree to and with the said part., of the second part, 

^leirs and assigns, that at the time of the ensealing 

and delivery of these presents well seized of the 

premises above conveyed, as of good, sure, perfect, absolute 
and indefeasible estate of inheritance, in law, in fee simple, 
and ha., good right, full power and lawful authority to 
grant, bargain, sell and convey the same, in manner and form 
aforesaid, and that the same are free and clear from all former 
and other grants, bargains, sales, liens, taxes, assessments 



240 INSTRUCTION IN REAL ESTATE 

and incumbrances of whatever kind ; and the 

above bargained premises in the quiet and peaceable pos- 
session of the said part., of the second part, 

heirs and assigns, against all and every person or persons law- 
fully claiming or to claim the whole or any part thereof, the 
said part. . of the first part shall and will warrant and forever 
defend. 

In witness whereof, we have hereunto set our hands this 
. day of A. D., 19. . . 



State of Colorado, County of , ss : 

I. (name and official character) in and for said county, in 
the state aforesaid, do hereby certify that.. who., personally 
known to me to be the person . . whose name . . subscribed to 
the annexed deed, appeared before me this day in person and 

acknowledged that signed and delivered the 

said instrument of writing as free and voluntary act, 

for the uses and purposes therein set forth. 

Given under my hand and official (or notarial) seal, this 

day of A. D., 19. . . 

(Name and official character.) 



M}^ commission expires 19. . . 

REAL ESTATE MORTGAGE FORM. 

This indenture witnesseth that A. B., of , party of 

the first part, (if the mortgage is that of a married man and 
the wife joins, as is commonly the case, to extinguish her 
dower right or other rights, insert ''and Mary B., his wife," 
and make other corresponding changes below. If the land 

mortgaged belongs to a married woman insert ''and , 

her husband," and make other necessary changes below,) in 

consideration of dollars to him paid by C. D., party 

of the second part, the receipt whereof is hereby acknowl- 
edged, does hereby give, grant, bargain, sell, release, convey 
and confirm to the said C. D., his heirs ("successors" instead 



AND FIRE INSURANCE. 24I 

of "heirs" if mortgage is to a corporation) and assigns for- 
ever, the following described premises, situate in the 

of count yof and state of , (de- 
scribe it so that it may be accurately identified) and all the 
right, title and interest of the said A. B. either in law or 
equity, in and to the said premises ; together with all the 
appurtenances to the same belonging. To have and to hold 
the same unto the said C. D., his heirs and assigns forever, 
and the said A. B. for himself and his heirs, executors and 
administrators, hereby covenants with the said C. D., his heirs 
and assigns that he, the said A. B., is lawfully seized of the 
said premises in fee simple, and has full right and power to 
convey the same, that the title and premises so conveyed are 
clear and unincumbered; (if there are any exceptions to this 
state them). And further, that he will warrant and defend 
the same against all claim or claims of all persons whomso- 
ever. Provided, nevertheless, that whereas, the said A. B., 
has executed and delivered unto the said C. D., a certain 
(bond, promissory note, or as the case may be) bearing even 
date herewith (then proceed to further describe it so that it 
may be identified with certainty, or, if short, a copy of it may 
be inserted, the fact being stated that it is a copy). 

Now if the said A. B., his heirs, executors, administrators 

or assigns shall pay said debt or sum of dollars and 

interest which shall accrue thereon to the said C. D., his heirs 
or assigns, according to the tenor thereof, then this mortgage 
shall be void. 

Said party (or parties) of the first part hereby expressly 
waives (or waive) all rights and benefits which he has (or 
they have) in said premises as a homestead under the laws of 
the state of Colorado. 

In witness whereof, the said A. B has hereunto 

set his hand this day of in the year of 

our Lord A. B. 

State of Colorado, County of , ss : 

I, (name and official character) in and for said county, in 



242 INSTRUCTION IN REAL ESTATE 

the state aforesaid, do hereby certify that . .who. . personally 
known to me to be the person . . whose name . . subscribed to 
the annexed deed, appeared before me this day in person and 

acknowledged that signed and delivered the 

said instrument of writing as free and voluntary 

act, for the uses and purposes therein set forth. 

Given under my hand and official (or notarial) seal, this 

day of A. D., 19. . . 

(Name and official character.) 



My commission expires 19. . . 

STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 

No mortgage of personal property shall be valid as against 
the rights and interests of any third person or persons unless 
possession of such property shall be delivered to and remain 
with mortgagee, or the said mortgage be recorded. Chattel 
mortgages for three hundred dollars or less are vailid, if only 
filed and not recorded. Mortgages are good and valid from 
the time recorded until the maturity of the last installment of 
the mortgage indebtedness, but not exceeding two years, if the 
principal of said mortgage indebtedness, be not exceeding 
twenty-five hundred dollars ; and not exceeding five years if the 
principal of the mortgage indebtedness be more than twenty 
thousand dollars ; and not exceeding ten years if the principal 
of the mortgage indebtedness exceeds twenty thousand dol- 
lars. If such mortgage be given to secure a sum greater than 
twenty-five hundred dollars, there shall be recorded annually 
on the records of the county, wherein such mortgage shall 
have been recorded, a sworn statement of the mortgage show- 
ing: I. That said mortgage was given in good faith. 2. That 
said sum of money is still unpaid, or if a portion has been 
paid then how much remains unpaid. 

The mortgagee is given thirty days after the maturity of the 
debt within which to foreclose and take possession of the prop- 
erty. 



AND FIRE INSURANCE. 243 

CHATTEL MORTGAGE. 

Know all men by these presents, that residing in 

county of state of , party of the 

first part, being justly indebted to , residing in , 

party of the second part, in the sum of dollars, which 

is hereby confessed and acknowledged, has, for the purpose 
of securing the payment of said debt, granted, bargained, sold, 
and mortgaged, and by these presents does grant, bargain, sell 
and mortgage unto the said party of the second part, his 
heirs, executors, administrators and assigns, all that certain 
personal property described as follows, to wit: (Describe it 
and state where it is and in whose possession), all of which 
property the party of the first part covenants is free and clear 
from all liens and encumbrances, (here mention Exemptions, 
if any) and the said party of the first part for himself, his 
heirs, executors, and administrators, all and singular, the 
goods, chattels, and personal property above bargained and 
sold, unto the said party of the second part, his executors, 
administrators and assigns, against him the said party of the 
first part, and against all and every other person or persons, 
whomsoever, shall and will warrant and forever defend. 

To have and to hold, all and singular said goods, and chat- 
tels, unto the said party of the second part, his heirs, executors, 
administrators and assigns, forever; provided, always, and 
these presents are upon this express condition : That if the said 
party of the first part shall pay or cause to be paid unto the 
said party of the second part, his heirs or assigns, the sum of 

dollars, according to the conditions of two (or as the 

case may be) certain promissory notes, executed by 

payable to . at viz. $ dated due 

with interest at per cent, per annum, until paid (or 

omitting all after "promissory notes" and inserting "of which 
the following are copies" and then insert copies, or if the 
indebtedness is not represented by promissory notes, its char- 
acter may be otherwise indicated.) Then these presents to 
be void and of no efifect. And so long as the conditions of 



244 INSTRUCTION IN REAL ESTATE 

this mortgage are fulfilled, the said party of the first part is 
to remain in peaceful possession of said property, and in 
consideration thereof agrees to keep said property in as good 
condition as it now is, at the cost and expense of said first 
party. 

In witness whereof, the said party of the first part has here- 
unto set his hand this day of , A. D,, 19. . 



Signed and delivered in the presence of 



19- •• 

Then personally appeared the above named and 

acknowledged the foregoing instrument to be' free 

act and deed, before me. 

BILL OF SALE FORM. 

Know all men by these presents, that I, A. B., of , 

in consideration of the sum of dollars to me in hand 

paid by C. D., of the same place, at and before the ensealing 
and delivering of these presents, the receipt whereof I do 
hereby acknowledge, (or if the consideration be different state 
it,) have bargained, sold, released, granted, and confirmed, 
and by these presents, do bargain, sell, release, grant, and 
confirm, unto the said C. D., all the following goods, house- 
hold stuff, and implements of household, (or as the case may 
be) (here describe each article so it can be identified) now 
remaining and being (mention where they are) to have and 
to hold all and singular the said goods and chattels, etc., and 
every one of them, by these presents bargained, sold, released, 
granted, and confirmed, unto the said C. D., his heirs, execu- 
tors, administrators, and assigns, to his and their only proper 
use and behalf forever. 

Witness my hand this fourth day of , A. D., 19. . 

Signed and delivered in the presence of 

A. B. 
E. G. 
A. R 



AND FIRE INSURANCE. 245 

STATUTE LAW RELATING TO LANDLORD AND 
TENANT. 

Distress of goods is allowed a landlord, except necessary 
wearing apparel, Avhich is exempt, and after thirty days' notice 
to the tenant, goods can be sold by the landlord. 

In order to eject the, tenant in all cases of tenancy from 
year to year, notice in writing must be served upon the tenant 
to quit, and the notice must be duly served three months prior 
to the end of the year; a six months' tenancy may be termi- 
nated by similar notice of ten days, and tenancy at will may 
be terminated by similar notice of three days. No notice to 
quit is necessary to a tenant whose term is, by contract, to end 
at a certain time. 

If tenant is in arrears for rent, three days' notice is sufficient 
to terminate the tenancy. 

LEASE FORM. 

This indenture, made the day of , in the 

year of our Lord one thousand nine hundred and , 

between A. B., of , of the first part, and C. D., of 

the second part, witnesseth : That the said A. B., for 

and in consideration of the yearly rent and covenants herein- 
after mentioned and reserved, on the part and behalf of the 
said C. D., his executors, administrators and assigns, to be 
paid, kept, and performed, hath demised, granted and leased, 
and by these presents doth demise, grant, and lease, unto the 
said C. D., his executors, administrators, and assigns, all that 
messuage and lot of ground, situate, lying and being in the 

aforesaid, bounded northward, &c., (here describe 

the premises) together with all and singular, buildings and 
appurtenances thereunto belonging. To have and to hold the 
said messuage and lot of ground, and all and singular the 
premises hereby demised, with the appurtenances, unto the 
said C. D., his executors, administrators, and assigns, from 

the day of next ensuing the date hereof, 

for and during the term of years thence next ended ; 



J246 INSTRUCTION IN UPM< F.STATK 

yielding and paying for the same unto the said A. B., his 
executors, administrators, and assigns, the yearly rent or sum 

of dollars, in four equal quarterly payments (or as 

the case may be) of dollars each, the first of which 

to be made on the day of next. 

And the said C. D., for himself, his heirs, executors, and 
administrators, doth covenant, promise, and agree to and with 
the said A. B., his heirs, executors, administrators, and as- 
signs, by these presents, that he, the said C. D., his heirs, 
executors, and administrators, shall and will well and truly 
pay or cause to be paid unto the said A. B., his heirs, execu- 
tors, administrators, or assigns, the said yearly rent of . 

dollars, hereby reserved, on the several days and times here- 
inbefore mentioned and appointed for the payment thereof, 
according to the true intent and meaning of these presents. 
And the said A. B., for himself, his heirs, executors, and 
administrators, doth covenant, promise, and agree to and with 
the said C. D., his executors, administrators, and assigns, by 
these presents, that he, the said C. D., his executors, adminis- 
trators, and assigns, (paying the rent and performing the 
covenants aforesaid,) shall and may peaceably and quietly 
have, hold, use, occupy, possess and enjoy the said demised 
premises, with the appurtenances, during the term aforesaid, 
without the lawful let, suit, trouble, eviction, molestation, or 
interruption of the said A. B., his heirs or assigns, or any 
other person or persons whatsoever. 

And it is expressly understood and agreed, by and between 
the parties aforesaid, that if the rent above reserved, or any 
part thereof, shall be behind or unpaid on the day of the pay- 
ment whereon the same ought to be paid as aforesaid, or if 
default shall be made in any of the covenants or agreements 
herein contained, to be kept by the said party of the second 

part, executors and administrators, it shall and may 

be lawful for the said party of the first part, heirs, 

executors, administrators, agent, attorney or assigns, at 
election, to declare said terms ended, and into the 



AND FIRE INSURANCE. 247 

said premises or any part thereof, either with or without pro- 
cess of law, to re-enter, and the said party of the second part, 
or any other person or persons occupying, in or upon the 
same, to expel, remove and put out, using such force as may 
be necessary in so doing, and the said premises again to re- 
possess and enjoy as in first and former state. And 

if at any time said term shall be ended at such election of said 
party of the first part, heirs, executors, administra- 
tors and assigns as aforesaid, or in any other way the said 
party of the second part executors and administra- 
tors, do hereby covenant and agree to surrender and deliver 
up said above described premises and property peaceably to 
said party of the first part, heirs, executors, admin- 
istrators and assigns immediately upon the termination of said 

term as aforesaid, and if shall remain in possession 

of the same days after notice of such default, or 

after the termination of this lease, or in any of the ways above 

named, shall be deemed guilty of a forcible detainer 

of said premises under the statute, and shall be subject to all 
the conditions and provisions above named, and to eviction 
and removal, forcible or otherwise with or without process 
of law, as above stated. 

Witness the hands of the said parties the day and year first 
above written. 

A. B. 
CD. 
Signed and delivered in presence of 

E. F. 

G. H. 

FORM OF NOTICE TO QUIT. 

To Rynn, Colorado, 

, Colorado, 19... , 

Sir — You will hereby take notice that I, , of 

owner of the South West (S. W.) 1-4 of section thirty-one 
(31) township three (3), North, Range sixty-seven (67) 



248 INSTRUCTION IN REAL ESTATE 

west, do hereby demand of you full and immediate possession 
of said property and all thereof and the building thereon, 

within days of the service of this notice upon you. 

You will further take notice that if you fail to deliver pos- 
session of said property and all thereof in accordance with 
this notice and demand, you will be guilty of an unlawful 
detainer of said premises, according to the provisions of Sec- 
tion 1973 Mills' Annotated Statutes of Colorado, and subject 
to all the provisions, conditions and penalties of the law; and 
subject to be removed and evicted from said farm and prem- 
ises, and held liable for all costs of suit thus incurred. 



Owner of the Property. 
State of Colorado, County of Weld, ss. 

I hereby certify that I served the above notice on said 
this 13th day of November, A. D., 19. . ., by de- 
livering to son of and member of his 

family over fifteen years of age, a full, true and correct copy 
thereof on said day and date. 



EXEMPTION AND HOMESTEAD LAW. 
Necessary wearing apparel of every person is exempt from 
execution, family pictures, school books and library, and seat 
or pew in any house or place of public worship, the sites of 
burial of the dead, household goods not exceeding one hun- 
dred dollars in value, the provisions of the debtor and his 
family necessary for six months, and fuel necessary for six 
months, the tools or implements or stock in trade of any me- 
chanic, miner or other person used and kept for the purpose of 
carrying on his trade or business not exceeding two hundred 
dollars in value. The library and implements of any profes- 
sional man not exceeding three hundred dollars. Working ani- 
mals to the value of two hundred dollars, one cow, one calf, 
ten sheep, and llic necessary food for all animals for six 
months; also one farm wagon, cart or dray, one plow, one 



AND FIRE INSURANCE. 249 

harrow, and other farming implements not exceeding fifty 
dollars in value. No property is exempt from sale for the 
payment of taxes. Debtor removing property from the 
state is entitled to no exemption. The wages of a wage 
earner who is the head of a family to the amount of sixty 
dollars per month exempt. 

Every householder being the head of a family shall be en- 
titled to a homestead not exceeding in value the sum of two 
thousand dollars, but in order to get the benefit of this exemp- 
tion it is necessary that a marginal entry be made upon the 
record of the title to the property signed by the person claim- 
ing the exemption. 

STATUTE LAW RELATING TO FENCES. 
A land owner must fence cattle out. The owner of the 
cattle need not fence them in. All sorts of stock, except hogs, 
are allowed to run at large. 

STATUTE LAW RELATING TO LIMITATION. 

Suits to recover land must be brought within twenty years 
after the right accrued to the claimant or his predecessors in 
title. 

The following actions must be commenced within six years 
next after the cause of action accrued: i. All causes of debt 
founded upon any contract. 2. All actions upon judgments 
rendered in any court not being a court of record. 3. All ac- 
tions for arrears in rent. 4. All actions on assumpsit or on a 
case founded on any contract or liability, express or implied. 
5. All actions for waste and for trespass upon land. 6. All 
actions of replevin, and all other actions for taking, detaining 
or injuring goods or chattels. 

DECEDENT'S DEBTS. 

Liens, such as judgments and mortgages take precedence; 

payment cannot be enforced for one year from the granting 

of letters; except as to taxes which are allowed to be paid in 

the interests of the preservation of the estate; claims which 



250 INSTRUCTION IN REAL ESTATE 

are not such liens as above mentioned are to be paid as fol- 
lows ; they are divided into four classes : 

First. All funeral and other expenses of last illness. 

Second. All expenses of proving the will and taking out 
letters testamentary or administration, and the settlement of 
the estate ; and physicians bill for attendance in last illness. 

Third. Where any executor or administrator or guardian 
has received money, as such, his executor or administrator 
shall pay out of his estate the amount thus received and not 
accounted for. 

Fourth. All other debts and demands of whatsoever nature 
or kind without regard to quality, exhibited within one year 
of the issuance of letters. Demands not exhibited within the 
year are forever barred unless the creditor finds other estate 
not inventoried by administrator or executor or otherwise 
accounted for by him, and in that case the new creditor pro- 
rates. 

STATUTE LAW RELATING TO DESCENT AND 
DISTRIBUTION WHEN NO WILL IS LEFT. 

An intestate's estate, after payment of debts and charges, 
vests as follows: 

If there be a surviving husband or wife, and children, one- 
half realty and personalty to such surviving husband or wife, 
the residue to the children or their descendants as hereafter 
stated ; if there be no such children or their descendants, then 
such surviving husband or wife takes all. 

Subject to rights above mentioned, realty descends and per- 
sonality is distributed as follows : 

Children shall share equally. If grandchildren alone, or if 
other descendants of any one degree of consanguinity alone 
take the estate, all share equally (per capita). If the descen- 
dants are of different degrees of consanguinity to the intes- 
tate, they share i)er stirpes, that is, the issue of a deceased 
child, grandchild or other descendant taking the share the 
parent would if hving. 



AND mm INSURANCE. 2St 

In default of surviving husband, wife, children and their 
descendants, then decedent's father or mother, then the 
brothers and sisters and their descendants, the children taking 
the share of their immediate ancestor, collectively, in equal 
parts. In default of all the foregoing, then the grandfather, 
if no grandfather, then the grandmother, then to the uncles, 
aunts and their descendants, descendants taking the share of 
their ancestors, collectively, in equal parts. 

In default of all the foregoing, then to the nearest lineal 
ancestors and their descendants. 

Posthumous children take the same as children living at the 
time of decease. Children and descendants of the half blood 
inherit same as those of the whole blood, but collateral half 
blood heirs inherit only one-half as much as collateral heirs of 
the whole blood. 

Illegitimate children inherit as legitimate, if parents have 
married and father has acknowledged said children as his. 
Divorce does not effect the rights of children previously be- 
gotten. 

DISTRIBUTION OF PROPERTY BY WILL. 

Except as provided under laws of married women every 
male aged 21, and every unmarried female aged 18, and of 
sound mind and memory, may dispose by will of all property, 
real or personal; all persons aged 17 may devise their personal 
estate ; all wills devising realty must be in writing, signed by 
testator or testatrix, or by some one under his or her direction 
and in his or her presence, and be attested in the presence 
of the testator or testatrix by two or more credible witnesses ; 
a nuncupative will made and declared in the last sickness of 
any person, having the other proper requirements of a legal 
testator or testatrix, in the presence of two witnesses of good 
character, called by the testator to attest the same, and by them 
reduced to writing within a reasonable time after the speaking 
thereof, and proved before the probate court, shall be good as 
to any devise of personalty; a will may be revoked by burn- 



252 INSTRUCTION IN REAL ESTATE 

ing, tearing or obliterating the same by the testator or 
tmder his direction, or by a later will or codicil executed as 
provided for wills ; unless it clearly appears from the will 
itself that after born children are disinherited, all legacies 
abate pro-rata to raise a portion for such after born child. 

STATUTE LAW RELATING TO IRRIGATION. 

The principle of the common law governing riparian rights, 
have been radically modified or entirely abolished in Colorado, 
by the state statute and by the decisions of our courts of last 
resort. 

Art. 16, Sec 6 of the statute provides that ''the right to 
divert unappropriated waters of any natural stream for bene- 
ficial use shall never be denied ; priority of appropriation shall 
give the better right as between those using the water for the 
same purpose ; but when the waters of any natural stream are 
not sufficient for the service of all those desiring the use of 
the same, those using the waters for domestic purposes shall 
have the preference over those using the same for manufac- 
turing purposes. 

The priority of appropriation is the sure way in determining 
the rights of parties to the use of water, and not the own- 
ership of land contiguous to a stream. 

FORM OF STATEMENT OF CLAIM FOR PRIORITY 
OF WATER RIGHT. 

State of Colorado, County of ss : 

In the district court. 

In the matter of the adjudication of priorities of water dis- 
trict No 

The undersigned hereby makes statement of claim in the 
above entitled matter for the purpose of securing the benefits 
of the provisions of the law of the state of Colorado in rela- 
tion to the adjudication of priorities of water rights, and 
states : 

First. That he is the owner of the ditch (canal or reser- 



AND FIRE INSURANCE. 253 

voir) hereinafter named and described, and situated in said 

water district No ; that his full name is , 

and his postoffice address is 

Second. The name of said ditch (canal or reservoir) is 
the 

Third. The head gate of said ditch (canal or feeder for 

said reservoir) is located on the bank of , 

from which natural stream said ditch derives and diverts its 

supply of water, at a point whence the corner of 

section T , R , bears feet. 

Fourth. From said head gate said ditch runs in a general 

direction a distance of feet, thence (etc., 

describing the general course of the ditch or feeder). 

Fifth. The length of said ditch is ; its width is 

feet at the bottom and feet at highwater 

line ; the depth of water carried by said ditch is feet ; 

its grade is feet per mile. 

Sixth. The carrying capacity of said ditch (or feeder) is 

cubic feet per second of time. (The capacity of 

said reservoir is cubic feet when filled to high-water 

mark.) 

Seventh. The amount of water claimed by appropriation 

under and 1)y means of the construction of said ditch is 

cubic feet per second of time. (The amount of water claimed 
under and by means of the construction of said reservoir is 
cubic feet.) 

Fight. Work was commenced on said ditch (canal or res- 
ervoir) on the day of A. D., 19. . . , from 

which time said appropriation of water is claimed to date. 

Ninth. The number of acres of land lying under and along 
said ditch (canal or reservoir) and being irrigated by water 
therefrom is 

Tenth. The size of said ditch (canal or reservoir) as en- 
larged (and extended) is as follows: Its length is ; 

its width is feet at the bottom, and feet at 

high-water line ; its depth of water is feet. 



254 INSTRUCTION IN REAL ESTATE 

Eleven. The increased capacity of said ditch (canal) aris- 
ing from such enlargements is cubic feet per second 

of time. (The increased capacity of said reservoir arising 
from such enlargement is cubic feet.) 

Twelfth. Work was commenced on said enlargement on 

the day of , A. D., 19. . . , from which time 

the additional appropriation of water by means of such en- 
largement is claimed to date. 

Thirteenth. The amount of water claimed by appropria- 
tion under and by means of such enlargement of said ditch 

(canal) is cubic feet per second of time. (The 

amount of water claimed by appropriation under and by 

means of such extension of said reservoir is cubic 

feet.) 

Fourteenth. The number of acres of land lying under and 
along said ditch (canal or reservoir) as enlarged and irrigated 
by water therefrom is 

Witness hand. . . . this day of A. D., 19. . 



State of Colorado, County of . ss : 

, being first duly sworn, on his oath says that he 

has read the foregoing, and that the matters and things set 
forth in such statement are true of his own personal knowl- 
edge. 

Subscribed and sworn to before me this day of 

, A. D., 19... 



NOTARY PUBLIC. 

Application should be made to the Secretary of State who 
will notify when to appear and take oath of office. Applicant 
must be a citizen. Appointment is made by the Governor. 
Term, four years. Bond of $1000. required also seal of office. 
Fees— notice of protest 50 cents ; protesting and recording 75 



AND FI'RE INSURANCE. 255 

cents; notices 50 cents; acknowledgements 50 cents for first 
one and 25 cents for each additional one ; administering oath 
25 cents. 

LAW CONCERNING ACKNOWLEDGMENTS TAKEN 
OUTSIDE THE STATE. 

Acknowledgments made out of the state to deeds, mort- 
gages, or other instruments concerning land for recording in 
Colorado may be made before the secretary of any foreign 
state or territory under his seal ; before the clerk of any court 
of record of such state or territory, or of the United States, 
within such state or territory under the seal of said court be- 
fore any notary public of such state or territory under his no- 
tarial seal; before any commissioner of deeds for any such 
foreign state or territory under his official seal; before any 
other officer authorized by the laws of any such state or terri- 
tory to take and certify such acknowledgment; provided there 
shall be affixed to the certificate of such officer other than 
those above enumerated, a certificate by the clerk of some 
court of record of the county, city or district wherein such 
officer resides under the seal of such court that the person 
certifying such acknowledgment is the officer he assumes to 
be ; that he has the authority by the laws of such state and 
territory to take and certify such acknowledgment and that 
the signature of such officer to the certificate is the true signa- 
ture of such officer. 

When executed out of the United States, acknowledgment 
may be made before any court of record of any foreign re- 
public, empire, kingdom, state, principality or province, having 
a seal, the acknowledgment being certified by the judge or 
justice of such court to have been made before such court and 
such certificate to be attested by the seal of such court ; before 
the mayor or other chief of any city or town having a seal, 
such mayor or other chief officer certifying such acknowledg- 
ment under such seal ; before any consul of the United States 
within such foreign country he certifying the same under the 
seal of his consulate. 



256 INSTRUCTION IN REAL ESTATE 

CONNECTICUT. 

STATUTE LAW RELATING TO DEEDS. 

No instrument affecting real estate is valid against subse- 
quent purchasers unless recorded in the office of the recorder 
for the county in which the real estate is situated. Deeds 
must be acknowledged and attested by two witnesses. 

STATUTE LAW RELATING TO MARRIED WOMEN. 

By marriage since April 20, 1877, neither party acquires any 
interest in the estate of the other except as to the share of the 
survivor in the property of the other upon the other's death. 
The wife, married since said date, may contract with third 
parties and convey her real or personal estate to them as if 
she were unmarried, and her separate earnings shall belong 
to her exclusively. Her property is liable for her debts as if 
she were unmarried, though the husband's poperty is liable 
first for the support of the family. As between husband and 
wife the survivor has the use for life of one-third in value of 
all property owned by the one dying, at the time of death, after 
payment of debts and legal charges, unless a written contract 
made before marriage vary this. This right to the one-third 
exists though there be a will to the contrary, and if there is 
no will the survivor takes one-third absolutely and, if no 
children, one-half absolutely. If the marriage occurred before 
April 20, 1877, husband and wife may make a written con- 
tract placing them' under the provisions of the act of 1877 
with respect to the rights of each in the property of the other. 
Under the old law the wife had dower in the land of which the 
husband was seized at his death, and the husband was entitled 
to the use of his wife's land during her life, and after her Hfe 
to the right of a tenant, by courtesy, if he has a child by her 
who survives her, and the wife's personal property vests in 
the husband as trustee with the right to use the income during 
his life, first using what is necessary to support her and their 
minor children, with the privilege, if necessary, or with her 



AND FIRE INSURANCE. 257 

written consent, of encroaching on the principal for such sup- 
port. 

WARRANTY DEED. 
To all people to whom these presents shall come : 

Greeting. Know ye that of the town of 

county of and state of Connecticut, for the consid- 
eration of dollars, received from the receipt 

whereof is hereby acknowledged, does give, grant, bargain, 

sell and confirm unto the said the following described 

lot or parcel ...... of land situate, lying or being in 

the County of , State of Connecticut, to wit: 

To have and to hold the above granted and bargained prem- 
ises, with the appurtenances, thereof, unto the said 

grantee heirs and assigns forever, to and 

their own proper use and behoof. And also the said 

grantor does for himself, his heirs, executors and administra- 
tors, covenant with the said grantee. ., heirs and assigns, that 

at and until the ensealing of these presents well 

seized of the premises as a good indefeasible estate in fee sim- 
ple, and has a good right to bargain and sell the same in man- 
ner and form as is above written ; and that the same is free 
from all incumbrances whatsoever 

And furthermore the said grantor does by these 

presents bind himself and his heirs forever to warrant and 

defend the above granted and bargained premises to 

the said grantee . . heirs and assigns against all claims and 
demands whatsoever. 

In witness whereof, I have hereunto set my hand and seal, 
this day of , A. D., 19. . . 

(seal.) 

Signed, sealed and delivered in presence of 



State of Connecticut .... County, ss : A. D., 19. . . 

Personally appeared . . . signer and sealer of the foregoing 



258 INSTRUCTION IN REAL ESTATE 

instrument, and acknowledged the same to be .... free act 
and deed, before me. 

(Name and official character.) 



REAL ESTATE MORTGAGE FORM. 

This indenture witnesseth that A. B., of party of 

the first part, (if the mortgage is that of a married man and 
the wife joins, as is commonly the case, to extinguish her 
dower or other rights, insert "and Mary B., his wife" and 
make other corresponding changes below. If the land mort- 
gaged belongs to a married woman insert "and , her 

husband," and make other necessary changes below,) in con- 
sideration of dollars to him paid by C. D., party of 

the second part, the receipt whereof is hereby acknowledged, 
does hereby give, grant, bargain, sell, release, convey and con- 
firm to the said C. D., his heirs ("successors" instead of 
"heirs" if mortgage is to a corporation) and assigns forever 

the following described premises, situate in the of 

county of and state of , (describe 

it so that it may be accurately identified) and all the right, 
title and interest of the said A. B., either in law or equity, in 
and to the said premises; together with all the appurtenances 
to the same belonging. To have and to hold the same unto 
the said C .D., his heirs and assigns forever, and the said 
A. B., for himself and his heirs, executors and administrators, 
hereby covenants with the said C. D., his heirs and assigns 
that he, the said A. B., is lawfully seized of the said premises, 
in fee simple, and has full right and power to convey the same, 
that the title and premises so conveyed are clear and unin- 
cumbered; (if there are any exceptions to this state them) 
and further, that he will warrant and defend the same against 
all claim or claims of all persons whomsoever. Provided, 
nevertheless, that whereas the said A. B., has executed and 
delivered unto the said C. D., a certain (bond, promissory 
note, or as the case may be) bearing even date herewith (then 



AND FIRE INSURANCE. 259 

proceed to further describe it so that it may be identified with 
certainty, or, if short, a copy of it may be here inserted, the 
fact being stated that it is a copy.) 

Now if the said A. B., his heirs, executors, administrators 

or assigns shall pay said debt or sum of dollars and 

interest which shall accrue thereon to the said C. D., his heirs 
or assigns, according to the tenor thereof, then this mortgage 
shall be void. 

In witness thereof, the said A. B has hereunto set 

his hand and seal this day of in the year 

of our Lord 

A. B. (seal.) 

Signed and acknowledged in presence of 
E. F. 
G. H. 

19... 

Then personally appeared the above named and 

acknowledged the foregoing instrument to be free 

act and deed, before me. 



STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 

Chattel mortgages are good as to the following articles of 
property, if executed and recorded as deeds of land : Machin- 
ery, engines and implements in a manufacturing establishment, 
household furniture, implements, types, plates, brick in a 
brickyard, and fixtures in a hotel. 

Concealing of property so mortgaged or selling it without 
the mortgagors written consent and without informing the 
buyer of the facts, is criminal. 

CHATTEL MORTGAGE. 

Know all men by these presents, that residing in 

county of state of , party of the 

first part, being justly indebted to , residing in 



260 INSTRUCTION IN REAL ESTATE 

party of the second part, in the sum of ........ 

dollars, which is hereby confessed and acknowledged, has, for 
the purpose of securing the payment of said debt, granted, 
bargained, sold and mortgaged, and by these presents does 
grant, bargain, sell and mortgage unto the said party of the 
second part, his heirs, executors, administrators and assigns, 
all that certain personal property described as follows, to wit: 
(Describe it and state where it is and in whose possession), 
all of which property the party of the first part covenants is 
free and clear from all liens and encumbrances, (here mention 
Exceptions, if any) and the said party of the first part for him- 
self, his heirs, executors, and administrators, all and singular, 
the goods, chattels and personal property above bargained and 
sold, unto the said party of the second part, his executors, 
administrators and assigns, against him the said party of the 
first part, and against all and every other person or persons, 
whomsoever, shall and will warrant and forever defend. 

To have and to hold all and singular said goods, and chat- 
tels, unto the said party of the second part his heirs, executors, 
administrators and assigns, forever ; provided, always, and 
these presents are upon this express condition : That if the said 
party of the first part shall pay or cause to be paid unto the 
said party of the second part, his heirs or assigns, the sum of 

dollars, according to the conditions of two (or as 

the case may be) certain promissory notes, executed by 

payable to at viz. $ dated 

due with interest at per cent, per annum, 

until paid (or omitting all after ''promissory notes" and in- 
serting "of which the following are copies" and then insert 
copies, or if the indebtedness is not represented by promissor\' 
notes, its character may be otherwise indicated.) Then these 
presents to be void and of no effect. And as long as the con- 
ditions of this mortgage are fulfilled, the said party of the 
first part is to remain in peaceable possession of said property, 
and in consideration thereof agrees to keep said property in as 
good condilion as it now is, at the cost and expense of said 
first i^arty. 



AND FTRE INSURANCE. 26t 

In Witness whereof, the said party of the first part has here- 
unto set his hand and seal, this day of , A. D., 

19... 

(seal.) 

Signed and delivered in the presence of 



I9-'- 

Then personally ai)peared the above named and 

acknowledged the foregoing instrument to be free 

act and deed, before me. 



STATUTE LAW RELATING TO BILLS OF SALE. 
Bills of Sale of personal property are of no force against 
any person, except the seller, without possession. Conditional 
sales of all personalty except household furniture, musical in- 
struments, bicycles, and property exempt from execution, are 
held to be absolute sales against everyone, the vendor or his 
representatives if possession is given to the buyer, unless the 
conditional bill of sale containing a description of the property 
is acknowledged and recorded in the town where the buyer 
lives. 

BILL OF SALE FORM. 

Know all men by these presents, that I, A. B., of , 

in consideration of the sum of dollars to me in hand 

paid by C. D., of the same place, at and before the ensealing 
and delivering of these presents, the receipt whereof I do 
hereby acknowledge, (or if the consideration be different 
state it,) have bargained, sold, released, granted, and con- 
firmed, and by these presents, do bargain, sell, release, grant, 
and confirm, unto the said C. D., all the following goods, 
household stuff, and implements of household, (or as the case 
may be) (here describe each article so it can be identified) 
now remaining and being (mention where they are) to have 
and to hold all and singular the said goods and chattels, etc., 



262 INSTRUCTION IN REAL ESTATE 

and every one of them, by these presents, bargained, sold, re- 
leased, granted, and confirmed, unto the said C. D., his heirs, 
executors, administrators, and assigns, to his and their only 
proper use and behalf forever. 

Witness my hand and seal, this fourth day of , 

A. D., 19... 

A. B. (seal.) 
Signed, sealed and delivered in presence of 
E. G. 
A. R. 

STATUTE LAWS RELATING TO LANDLORD AND 

TENANT. 

Leases for less than a year where premises are actually 
occupied, need not be in writing. Leases for more than a 
year must be duly executed and recorded to hold against 
third parties. Holding over is not evidence of a new lease. 
Parole leases at monthly rent are for one month only where 
the time for termination is not agreed upon. Tenant is not 
liable for rent for untenantable tenement until made tenant- 
able unless otherwise agreed. Non-payment of rent within 
nine days after it becomes due, terminates a parole lease on 
notice to the lessee. Summary process issues on ten days 
written notice duly served and is returnable six days after 
issue. Notice to quit may be waived in writing by lessee. 

A jury may be called for but there is no appeal. Writs of 
error may be obtained on filing proper bond, etc. 

A lessee by act of the parties is liable for Avaste. 

LEASE FORM. 

This indenture made and executeed this day of 

A. D., 19 ... , between of , of the 

first part, and of , of the second part, wit- 

nesseth that in consideration of the rents and covenants here- 
inafter expressed, the said party of the first part has demised 
and leased, and does hereby demise and lease to the said party 



AND FIRE INSURANCE. 263 

of the second part the following premises, viz. : 

(describe them) with the privileges and appurtenances, for 

and during a term of from the day of 

19. . ., which term will end And the said party of 

the second part covenants that he will pay to the party of the 
first part, for the use of said premises, the yearly rent of 

dollars ($. ), to be paid monthly in advance 

in equal installments, without demand therefor being made 
by the party of the first part. 

And provided, said party of the second part shall fail to 
pay said rent, or any part thereof, when it becomes due, it is 
agreed that said party of the first part may sue for the same, 
or re-enter said premises, or resort to any legal remedy. 

The party of the part agrees to pay all 

taxes to be assessed on said premises during said term 

The party of the second part covenants that at the expira- 
tion of said term he will surrender up said premises to the 
party of the first part in as good condition as now, necessary 
wear and damage by the elements excepted. 

Witness the hands and seals of the said parties the day and 
year first above written. 

A. B. (seal.) 
C. D. (seal.) 

Signed, sealed and delivered in presence of 
E. F. 
G. H. 

Note. Leases should be made in duplicate, one for each 
party. 

FORM OF NOTICE TO QUIT. 
To 

I hereby give you notice, that you are to quit possession of 

the now occupied by you on or before the 

day of , 19. . . 

Dated at this day of , 19. . . 



264 INSTRUCTION IN REAL ESTATE 

EXEMPTION AND HOMESTEAD LAW. 

The owner and occupier of a dwelling may, by a properly 
executed written declaration exempt it, so long as he owns 
and occupies it, to the value of $1000 as to any debts incurred 
after the record of such declaration. The following personal 
property is exempt from attachment and execution: Neces- 
sary apparel and bedding, necessary household furniture, mili- 
tary equipments or musical instruments, pension money of the 
United States, implements of debtor's trade, $500 worth of 
library, one cow not exceeding $150, ten sheep not over $150, 
$25 worth of poultry, two swine and 200 pounds of pork, 25 
bushels charcoal, two tons coal, 200 pounds of flour, two 
cords wood, two tons hay, 200 pounds beef or fish, five bushels 
potatoes or turnips, 10 bushels Indian corn or rye, 20 pounds 
wool or flax, a physician's horse not over $200 and his saddle, 
buggy, harness, etc., one clam, oyster, or shad boat and rigging 
not over $200, one pew and burial lot. 

Wages of any person or his minor child to the amount of 
$50, except on a claim for the defendant's personal board bill, 
and sick benefits are exempt from foreign attachment. 

Insurance on exempt property, real or personal is exempt. 

STATUTE LAW RELATING TO FENCES. 

The proprietors of lands must maintain fences and keep 
cattle out. Divisional fences are made at equal expenses to 
adjoining properties with the selectmen as arbitrators. If 
fences are kept up to the statutory requirements damages by 
cattle on the land is paid by the owners of the cattle; but if 
the fence is insufficient, damage cannot be recovered unless 
done by animals at large contrary to law, unruly cattle, or 
cattle caused to trespass by their owner. 

Barbed wire fences are prohibited within twenty-five rods 
of a house or barn without consent of its owner, and on public 
property. 

Unlawfully tlirowing down fences or leaving gates open is 
criminal. 



AND FIRE INSURANCE. 265 

STATUTE LAW RELATING TO LIMITATION. 

The following- periods are limited for bringing actions : 
Real estate 15 years; writings under seal and non-negotiable 
notes, 17 years; simple contracts, 6 years; express contracts 
not in writing, trespass, slander, writs of error and petitions 
for new trials, 3 years. 

STATUTE LAWS RELATING TO DESCENT AND 
DISTRIBUTION WHEN NO WILL IS LEFT. 

Realty and personalty of one married goes as follows : one- 
third of personalty to wife, and, if not otherwise endowed 
before marriage,, one-third of realty for life ; balance of realty 
and personalt}- to the children, or the legal representatives of 
an\- dead, equally, except so far as any child may have 
obtained a portion or advancement before the testator's death. 

If there are no children or their legal representatives, half 
of the personalty goes to wife and a third of the realty for 
life, and residue equally to brothers and sisters of the whole 
blood or those legally repsenting them, and, if none such, to 
the parent or parents, and if no parent, to brothers and sis- 
ters of the half blood or those legally representing them ; 
and, if none such, next of kin in equal degree, kindred of 
the whole blood taking preference to those of half blood and 
no representative to be admitted among collaterals after rep- 
resentatives of the brothers and sisters ; but real estate com- 
ing to the intestate by descent, gift, or devise from kindred 
shall belong to his brothers and sisters (or those representing 
them) of the blood of the person or an ancestor from whom 
the real estate came ; and if there be no brothers or sisters 
(or their legal representatives), then equally to the children 
of such person or ancestor and those legally representing them ; 
and, if none such then equally to the brothers and sisters 
of such person or ancestor and those legally representing 
them, and, if none such, it shall be set off and divided as other 
real estate. 

If there be no wife the whole estate u'oes to children and 



266 INSTRUCTION IN REAL ESTATE 

heirs as aforesaid, — likewise at the widow's death with 
the part of the real estate subject to her dower. 

If a minor die without a will owning realty acquired by 
gift or inheritance from a relative and leave no children, 
brother or sister of the whole blood or their representatives 
or parent, it goes to his next of kin of that relative's blood. 

DISTRIBUTION OF PROPERTY BY WILL. 
Any one eighteen years old may make a will. Re-mairiage 
or birth of a child revokes a will containing no provision for 
such an event. Wills must be in writing subscribed by the 
testator and executed in the presence of three witnesses, all 
of whom must subscribe to the will in the presence of the 
testator and of each other. 

NOTARY PUBLIC. 

Application should be made to the Secretary of State who 
will notify when to appear and take oath of office. Applicant 
must be a citizen and women are eligible. Appointment is 
made by the Governor. Fee, $i.oo. Term, two years. 

Fees — Entering protest of bill or note, noting without pro- 
test, administering an oath or taking acknowledgment under 
seal, 50 cents. 

LAW CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 
Acknowledgments made out of the state of conveyances of 
land in this state, if in any other state or territory of the 
United States, may be made before a commissioner appointed 
by the governor of this state residing therein, or any other 
officer authorized to take the acknowledgment of deeds in 
such state or territory ; and are valid if made in conformity 
with the laws of such state or territory relative to convey- 
ances of land situate therein. 

DELAWARE. 
STATUTE LAW RELATING TO DEEDS. 
If n (\cc(\ l)c not recorded within tlu'ce months from its date 



AND FIRE INSURANCE. 



267 



a subsequent purchaser or mortgagee for value, not knowing 
of the previous transfer will have preference to the first pur- 
chaser, if his deed be first recorded. They are valid without 
two witnesses but two are usual. They must be under seal, 
but a scroll seal is sufficient. 

STATUTE LAW RELATING TO MARRIED WOMEN. 

A married woman has the same right and power concern- 
ing property and to contract, sue and to be sued, as if unmar- 
ried, but a mortgage or conveyance of her realty is void 
unless her husband join therein, and she cannot be legally 
bound as surety, guarantor or accommodation endorser, but 
she may not sue her husband except for divorce or to protect 
her separate property w-hen he has deserted and separated 
himself from her without sufficient cause, or neglected or 
refused to support her, nor may he sue her except under like 
circumstances, excluding the matter of support. If a wife 
be insane, by proper proceeding in court and giving security, 
the husband may have her estate placed in his care. If a wife 
do not join in a deed for her husband's realty and he die 
first she will have dower therein (one-third for life where 
there is issue, otherwise one-half). 

The husband is liable for the support of his family, but if 
the wife order necessaries for the family, both may be sued 
and collection enforced against the wife's property if the hus- 
l)and do not have sufficient, if charge is made against both, 
with consent of wife. 

WARRANTY DEED. 

The State of , county of 

Know all men by these presents, that for and in consid- 
eration of .... dollars, to the undersigned grantor in 

hand paid by the receipt whereof is hereby acknowl- 
edged the said do grant, bargain, sell and con- 
vey unto the said the following described real estate, 

to wit : situated in county. State of 



268 INSTRtJCTION IN REAL ESTATE. 

To have and to hold the said property nnto the said 

heirs and assigns forever. 

And do for heirs, executors and adminis- 
trators, covenant with said , heirs and assigns that 

...... lawfully seized in fee simple of said premises ; that 

they are free from all encumbrances and that have 

a good right to sell, and convey the same aforesaid; that 

will and heirs, executors and administrators 

shall warrant and defend the same to the said heirs, 

executors and assigns forever, against the lawful claims of 
all persons. 

In witness whereof, the said party of the first part has here- 
unto set his hand and seal the day and year first above written. 

(Seal) 

(Seal) 

Signed, sealed and delivered in presence of 



State of Delaware, New Castle county, ss : 

Be it remembered, that on this second day of June, A. D., 

19. ., personally came before me a , John Doe 

and Mary his wife, parties to this indenture known to me per- 
sonally to be such, and severally acknowledged this inden- 
ture to be their act and deed. And the said Mary Doe being 
at the same time privately examined by me apart from her 
husband acknowledged that she executed the said indenture 
willingly, without compulsion or threats, or fear of her hus- 
band's displeasure. 

Given under my hand and seal of office the day and year 
aforesaid. (Name and offtcial character.) 



Note. If any unmarried person executes the instrument 
omit the portion applicable to the wife. 

REAL ESTATE MORTGAGE EORM. 
This indenture witnesseth that A. B., of , party of 



AND FIRE INSURANCE. 



269 



the first part, (if the mortgage is that of a married man and 
the wife joins, as is commonly the case, to extinguish her 
dower or other rights, insert "and Mary B., his wife" and 
make other corresponding changes below. If the land mort- 
gaged belongs to a married woman insert ''and , her 

husband," and make other necessary changes below), in con- 
sideration of .... dollars to him paid by C. D., party of the 
second part, the receipt whereof is hereby acknowledged, 
does hereby give, grant, bargain, sell, release, convey and 
confirm to the said C. D., his heirs ("successors" instead of 
"heirs" if mortgage is to a corporation) and assigns forever 

the following described premises, situate in the of 

...... county of and state of , (describe it so 

that it may be accurately identified) and all the right, title 
and interest of the said A. B., either in law or equity, in and 
to the said premises ; together with all the appurtenances to 
the same belonging. To have and to hold the same unto 
the said C. D., his heirs and assigns forever, and the said A. 
B., for himself and his heirs, executors and administrators, 
hereby covenants with the said C. D., his heirs and assigns, 
that he, the said A. B., is lawfully seized of the said prem- 
ises, in fee simple, and has full right and power to convey 
the same, that the title and premises so conveyed are clear 
and unincumbered ; ( if there are any exceptions to this state 
them) and further, that he will warrant and defend the same 
against all claim or claims of all persons whomsoever. Pro- 
vided, nevertheless, that whereas the said A. B. has executed 
and delivered unto the said C. D., a certain (bond, promis- 
sory note, or as the case may be) bearing even date herewith 
(then proceed to further describe it so that it may be iden- 
tified with certainty, or, if short, a copy of it may be here 
inserted, the fact being stated that it is a copy). 

Xow if the said A. B.. his heirs, executors, administrators 
or assigns shall pay said debt or sum of .... dollars and 
interest which shall accrue thereon to the said C. D., his heirs 
or assigns, according to the tenor thereof, then this mortgage 
shall be void. 



270 INSTRUCTION IN REAL ESTATE 

In witness thereof, the said A. B., has hereunto 

set his hand and seal this .... day of .... in the year of our 
Lord .... A. B. (Seal) 

Signed and acknowledged in presence of 

E. F. 

G. H. 

, I9-- 

Then personally appeared the above named and 

acknowledged the foregoing instrument to be .... free act 
and deed, before me. 

STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 

Any chattel mortgage on property located in this state shall 
be prior lien on the property mortgaged for the space of 
three years, if properly signed, sealed, acknowledged, and 
recorded within ten days from date of acknowledgment. 
There must also be annexed thereto an affidavit that the mort- 
gage is given in good faith to secure a debt and not to defraud 
creditors. 

It shall be unlawful for any mortgagor to remove the mort- 
gaged property from the county where it shall be located 
wlien the mortgage is given, without the consent of the mort- 
gagee. 

All chattel mortgages shall be foreclosed in tlic same man- 
ner as provided by law for the foreclosure of real estate. 
y\nd no title to chattels mortgaged shall pass by being so 
mortgaged until the mortgage shall be duly foreclosed 
according to law. 

CHATTEL MORTGAGE. 

Know all men by these presents, that residing in 

county of state of party of the first 

part, being justly indebted to residing in , party 

of the second part, in tlic sum of dollars, which is 

hereby confessed and acknowledged has for the purpose of 



AND FIRE INSURANCE. 2.'J\ 

securing the payment of said debt, granted, bargained, sold 
and mortgaged, and by these presents does grant, bargain, 
sell and mortgage unto the said party of the second part, his 
heirsj executors, administrators and assigns, all that certain 
personal property described as follows, to wit: (Describe it 
and state where it is and in whose possession), all of which 
property the party of the first part covenants is free and 
clear from all liens and encumbrances (here mention Exemp- 
tions, if any), and the said party of the first part for himself, 
his heirs, executors and adminstrators, all and singular the 
goods, chattels and personal property above bargained and 
sold, unto the said party of the second part, his executors, 
administrators and assigns, against him the said party of the 
first part, and against all and every other person or persons, 
whomsoever, shall and will warrant and forever defend. 

To have and to hold, all and singular said goods, and chat- 
tels, unto the said party of the second part his heirs, execu- 
tors, adrninistrators and assigns, forever; provided, always, 
and these presents are upon this express condition: That if 
the said party of the first part shall pay or cause to be 
paid unto the said party of the second part his heirs or 

assigns, the sum of dollars, according to the conditions 

of two (or as the case may be) certain promissory notes, 

executed by payable to at , viz. : $. . . . 

dated due with interest at .... per cent, per 

annum, until paid (or omitting all after ''promissory notes" 
and inserting "of which the following are copies" and then 
insert copies, or if the indebtedness is not represented by 
promissory notes its character may be otherwise indicated). 
Then these presents to be void and of no effect. And as 
long as the conditions of this mortgage are fulfilled, the said 
party of the first part is to remain in peaceful possession of 
said property, and in consideration thereof agrees to keep 
said property in as good condition as it now is at the cost 
and expense of said first party. 

In witness whereof, the said party of the first part has here- 



272 INSTRUCTION IN REAL ESTATE 

unto set his hand and seal, this .... day of . . . ., A. D., 19. . 

(Seal) 

Signed and delivered in the presence of 



State of Delaware, County of , ss : 

Personally came before me the above named 

mortgagor who, being by me duly (sworn or affirmed) 

doth depose and say that the above mortgage was made for 
the bona fide purpose of securing a debt, and was not made 

to cover the property of the mortgagor or protect it 

from his creditors, or to hinder or delay them in the collec- 
tion of their debts. 

Sworn (or affirmed to) and subscribed before me this .... 
day of , A. D., 19. . 

STATUTE LAW RELATING TO BILLS OF SALE. 

Bills of sale of personal property in Delaware shall be good 
only between the parties thereto unless the property shall be 
delivered to the vendor and the purchase money shall be 
paid or in good faith secured to be paid. 

BILL OF SALE FORM. 

Know all men, by these presents, that I, A. B., of , 

in consideration of the sum of .... dollars to me in hand 
paid by C. D., of the same place, at and before the ensealing 
and delivering of these presents, the receipt whereof I do 
hereby acknowledge, (or if the consideration be different 
state it), have bargained, sold, released, granted, and con- 
firmed, and by these presents, do barg'ain, sell, release, grant, 
and confirm, unto the said C. D., all the following goods, 
household stuff, and implements of household, (or as the 
case may be) (here describe each article so it can be identi- 
fied) now remaining and being (mention where they arc) to 
have and to hold all and singular the said goods and chattels, 
etc., and every one of them, by these presents bargained sold, 
released, granted, and confirmed, unto the said C. D., his 



AND PIRK INSrRANCtt. ^73 

heirs, executors, administrators, and assigns, to his and 
their only proper use and behalf forever. 

Witness my hand and seal, this fourth day of , A. D., 

19.. ' A. B. (Seal) 

Signed, sealed and delivered in presence of 

E. G. 

A. R. 

STATUTE LAW RELATING TO LANDLORD 
AND TENANTS. 

All personal property found upon premises held by any 
tenant under a contract for rent, including stock and crops 
(except personal property belonging to strangers, on the 
premises in the way of trade) may be distrained by the land- 
lord or his bailiff for rent due. Personal property belonging 
to any tenant may be distrained for rent due, forty days after 
it has been removed from the premises, provided the property 
is still owned by the tenant so removing it. 

Property distrained for rent, if not replevined within five 
days from the day it was distrained and notice given to 
tenant, shall be appraised and after six days' advertisement 
from the day of the ap|traisement may be sold at a public sale. 

When the landlord of any tenant believes his tenant is about 
to secrete his goods away or is about to move them from the 
county to defeat a claim for rent due or growing due, he may 
upon application to the judge or a justice of the peace (of the 
county in which the tenant resides) and by filing the proper 
affidavit therewith, have issued a writ of attachment against 
the property of the tenant about to remove or dispose of his 
goods as aforesaid. In case the tenant denies the claim of 
rent he shall have, upon application to the court out of which 
the attachment issues, a hearing on the matter before referees 
or a jury. If the tenant denies that there was a just cause 
for issuing the attachment, he may be heard before the resi- 
dent judge of the county in vacation or before the judges of 
the Superior court, in a motion to dissolve the attachment. 



274 INSTRUCTION IN REAL ESTATE 

The landlord must give notice in writing three months 
before the end of the term, when the letting is for a year, in 
order to expel the tenant from the premises. If the contract 
of letting is for one month, a month's notice is sufficient. 

In all contracts for letting premises where the duration of 
the time is not specified in the lease, the term shall be con- 
strued to be for a year, except in case of houses and lots 
usually let for a less time. 

All leases for a longer time than one year shall be in writ- 
ing, signed and under seal. 

LEASE FORM. 

This indenture made and executed this .... day of , 

A. D., 19. ., between of . . . ., of the first part, and 

of , of the second part, witnesseth that in con- 
sideration of the rents and covenants hereinafter expressed, 
the said party of the first part has demised and leased, and 
does hereby demise and lease to the said party of the second 

part the following premises, viz.: (Describe them) 

with the privileges and appurtenances, for and during a term 

of from the day of 19. ., which term 

will end And the said party of the second part cove- 
nants that he will pay to the party of the first part, for the 
use of said premises, the yearly rent of .... dollars ($....), 
to be paid monthly in advance in equal installments, without 
demand therefor being made by the party of the first part. 

And provided, said party of the second part shall fail to 
pay said rent, or any part thereof, when it becomes due, it 
is agreed that said party of the first part may sue for the 
same, or re-enter said premises, or resort to any legal remedy. 

The party of the .... part agrees to pay all .... taxes to be 
assessed on said premises during said term 

The party of the second part covenants that at the expira- 
tion of said term he will surrender up said premises to the 
party of the first part in as good condition as now, necessary 
wear and damage by the elements excepted. 



AND FIRE INSURANCE. 275 

Witness the hands and seals of the said parties the day and 
year first above written. A. B. (Seal) 

C D. (Seal) 

Signed, sealed and delivered in presence of 

E. R 

G. H. 

Note. Leases should be made in duplicate, one for each 
party. 

FORM OF NOTICE TO QUIT. 

Wilmington, Delaware, , 19. . 

To 

Please take notice that I shall expect you to deliver up, 
and I hereby demand and require you to deliver up to me on 
the 25th day of March next, the peaceable possession of .... 
house, and premises, situate in the city of Wilmington, Dela- 
ware, which you now occupy. 

Witness : 



ICXIlMPTICJN and HOMESTJlAD LAWS. .. 
There is no statute providing for the exemption of home- 
steads in Delaware. The total amount of the exemption of 
personal property for New Castle county shall be $275. The 
total amount of the exemption for Kent county shall be $225. 
The total amount of the exemption for Sussex county shall 

be $75- 

There shall be no exemption in this state on goods of a 
merchantable character. 

Wages shall be exempt from attachment process in New 
Castle county except for claims not exceeding the amount of 
$50 for board and lodging. 

In addition to the exemptions above the following articles 
shall be exempt throughout the state from execution process : 
The family Bible, school books, family library, family pic- 
tures, a scat or pew in a church or place of public worship, 



2/6 INSTRUCTION IN REAL ESTATE 

a lot in a burial ground, all wearing apparel of the debtor, 
sewing machines not kept for sale. 

STATUTE LAW RELATING TO FENCES. 

Good fences of iron, wood, wire, stone or thorns shall be 
deemed lawful. 

Barbed wire division fences may be used only by consent 
of both parties. 

Damages done by stock trespassing through or over a lav/- 
ful fence shall be assessed by the fence viewers. And the 
damage so assessed shall be paid by the owner of the stock 
trespassing*. 

The fence viewers shall be appointed by the Court of Gen- 
eral Sessions and when appointed shall have power to adjust 
and settle all questions of dispute concerning fences. 

STATUTE LAW RELATING TO LIMITATIONS. 

Limitations to actions in the state of Delaware shall be as 
follow^s ; In suits to recover lands, twenty years. In case the 
claimant shall be under some disability, as infancy, coverature 
or imprisonment, the claimant shall be allowed ten years after 
such disability shall be removed, although the twenty may 
have expired. 

DECEDENT'S DEBTS. 

Order of preference : i. Funeral expenses. 2. Medicine 
and medical attendance during the decedent's last illness. 3. 
Servant's wages for one year. 4. Rents for one year. 5. 
Judgments against deceased. 6. Recognizances, mortgages 
and other obligations of record for the payment of money. 
7. Obligations and contracts under seal. 8. Contracts under 
hand for the payment of money or delivery of goods, wares 
or merchandise. 9. Other demands. 

If administrator or executor have register's notices issued 
all claims must ])e presented within twelve months, otherwise 
administrator ur executor can avail himself thereof in bar of 



AND rTin<: tN}^ni^\Nci-:. 277 

.'itiy (lehiaiul, (if at time of presentation of any demand after 
twelve montlis estate he closed) by a plea of fully adminis- 
tered. 

STATUTE LAW RELATING TO DESCENT AND 
DISTRIBUTION WHEN NO WILL IS LEFT. 

The residue of the personal estate of a deceased person, 
after the payment of all legal demands and charges, shall be 
distributed to and among every child of the intestate and the 
lawful issue of such children who shall have died before the 
intestate ; but if there be none such then to and among the 
brothers and sisters of the intestate of the wdiole blood and the 
lawful issue of such of them as shall have died before the 
intestate; or if there be none such, to and among the brothers 
and sisters of the intestate of the half blood, and the lawful 
issue of such of them as shall have died before the intestate, 
and if there be none such, to the father of the intestate ; but 
if he be dead, to the mother, and if they both be dead, then to 
and among the next in kin to the intestate, in equal degree, 
and the lawful issue of such kin as shall have died before the 
intestate; provided, that, if the intestate be a married woman 
at the time of her death, her husband shall be entitled to the 
whole of such residue, or if the intestate leaves a widow, she 
shall be entitled absolutely ; — if there be issue of the intestate, 
to one-third part of such residue ; or if there be no such issue, 
but brothers, sisters, or other kin, to one-half part of such 
residue; or if there be no kin to the intestate to the v/hole of 
such residue. 

Distribution among children, brothers or other kin in equal 
degree, shall be in equal portions; but the issue of such of 
them as shall have died before the intestate, shall take accord- 
ing to stocks, by right of representation; and this rule shall 
hold, although the distribution be entirely among such issue. 

When an illegitimate-born person dies intestate and with- 
out issue, his property, real and personal, if any such there be, 
shall pass, and belong to the mother, if living, and in case of 



278 INSTRUCTION IN REAL ESTATE 

her death, to her lawful issue share and share alike, suhject 
always to the payment of dehts and demands against such 
illegitimate person, and to expenses of administration. 

When any person, having title, or right, legal or equitable, 
to any lands, tenements, or hereditaments, in fee simple, shall 
die intestate as to the same, such lands, tenements, or heredi- 
taments shall descend, in fee simple to his kindred, accord- 
ing to the following course, or order, to wit: 

First. In equal shares to the children of such intestate, and 
the lawful issue of any deceased child, by right of representa- 
tion. 

Second. If there be no lawful issue of such intestate, then 
in equal shares to his brothers and sisters, and the lawful issue 
of any deceased brother or sister, by right of representation ; 
provided, that the brothers and sisters of the whole blood and 
their issue shall be preferred to brothers and sisters of the 
half blood and their issue ; and further, that any lands, tene- 
ments, or hereditaments, to which the intestate shall have 
title by descent, or devise, from his parent or ancestors, shall 
first descend to his brothers and sisters of the blood of such 
parent or ancestor, and the lawful issue of such brothers and 
sisters, by right of representation. 

Third. If there be no brother, or sister, of the intestate, 
nor lawful issue of such brothers and sisters, then to his 
father. 

Fourth. If there be no father of the intestate, then to his 
mother. 

Fifth. If there be no mother of the intestate, then to the 
next of kin in equal degree, and the lawful issue of such next 
of kin by right of representation, provided, that a collateral 
kindred, claiming through a common ancestor, shall be pre- 
ferred to collateral kindred of a more remote common ances- 
ror. 

Sixth. The descent of intestate real estate shall, in all 
cases, be subject to the rights of the surviving husband, or 
widow, that is to say; if the intestate leave a husband who 



AND FIRE INSURANCE. 279 

shall have had by such intestate, during their marriage, issue 
born alive, whether such issue have lived or died, such hus- 
band shall hold the real estate aforesaid, for the term of his 
life, as tenant by courtesy. If the intestate leave a widow, 
and also any child, or lawful issue of such child, said widow 
shall have one-third part of the real estate aforesaid for the 
term of her life, as tenant in dower ; or if there be no child 
of the intestate, nor lawful issue of such child, the said widow 
shall have one-half part of the real estate aforesaid to hold 
to her for the term of her life, after the manner of tenant in 
dower; or if there be no kin, or heir of the intestate, the said 
widow shall hold all of the real estate aforesaid for the term 
of her life. 

The word "issue" includes all the lawful lineal descendants 
of the ancestor. The words ''kin" and ''kindred" signify kin 
and kindred by blood or consanguinity ; and the degrees of 
consanguinity shall be computed according to the method of 
the civil law. Inheritance or succession "by right of represen- 
tation," takes place when the issue of the deceased heir take 
the same share or right, in the estate of another person which 
their parent would have taken, if living; and such represen- 
tation shall hold although the descent shall be entirely to 
issue of deceased children, brothers, sisters, or other kin. 
Posthumous children, born alive, shall be considered as 
though living at the death of their parents. 

Under the constitution of Delaware, administrators and 
executors must give notice to parties in interest that account 
has been filed with the register of wills. 

DISTRIBUTION OF PROPERTY BY WILL. 
Every person of sound mind 21 years old may dispose of 
his or her personal estate by will in writing, which, unless 
the person making the same shall be prevented by the extrem- 
ity of his last sickness, shall be signed at the end thereof by 
himself or by some person in his presence by his express direc- 
tion. The will must be proved by the oaths or affirmations of 
two or more competent witnesses. A testator may sign by 
making his sign or cross. 



280 INSTRUCTION IN REAL ESTATE 

A nuncupative will of personal estate, not exceeding, in the 
whole amount bequeathed, two hundred dollars, pronounced 
by the testator, in his last illness, before two or more credible 
witnesses expressly requested by him to take notice thereof, 
and within three days afterward reduced to writing and 
attested by the signatures of said witnesses, shall, if the tes- 
tator die before the expiration of said three days, or he be not, 
at the expiration of such period, or afterward, capable of 
making a will, be valid. Such nuncupative will must be pro- 
duced in the register's office for probate within thirty days 
after the testator's death, or it shall not be received ; and 
notice of the time of proving it must be given as the register 
may deem reasonable ; if the parties interested do not reside 
in the county, notice by advertisements, posted or published, 
according to the register's directions, shall be sufficient. 

A devise of real estate to a person without referring to his 
heirs or using words of inheritance or perpetuity passes all 
the estate of the testator therein, unless a contrary intent 
appear. The real estate acquired by a testator after making 
his will shall pass by a general devise, unless a contrary inten- 
tion be manifest on the face of the will. If any person makes 
a last will and testament and afterwards marry or have a 
child or children not provided for in such will, and die, such 
widow or child shall share in his estate as if no will had been 
made whether such child be born before or after his death. 
A husband may take what is given him under a wife's will, 
or he may take under statute. No real or personal property 
shall be bequeathed, devised or conveyed unless for a valu- 
able consideration, for religious or charitable uses, except by 
deed or will to a religious society organized under provisions 
of Chap. 39, Revised code. 

Wills take effect as if executed immediately before the testa- 
tor's death, unless a contrary intent appears. 

The probate or refusal of probate of a will if not contested 
williin seven xcars is conclusive as to real estate. 



AND FIRE INSURANCE. 281 

NOTARY PUBLIC. 
Application should be made to the Secretary of State who 
will notify when to appear and take oath of office. Applicant 
must be a citizen and reside in the hundred where appointed. 
Appointment is made by the Governor. Fee, $io. Term, 
seven years. Fees — Taking acknowledgments, $i. Taking 
and certifying an affidavit, 50 cents. 

LAWS CONCERNING ACKNOWLEDGMENTS 

TAKEN OUTSIDE THE STATE. 
Acknowledgments made out of the state, of deeds concern- 
ing lands located in the state of Delaware may be made before 
any commissioners of deeds, any notary public in any state 
or territory in the United States ; before any consul general, 
consul, vice consul ; before any judge of any district or cir- 
cuit court of the United States or the chancellor or any judge 
of any court of record of any state or territory or of any 
country ;before the mayor or chief officer of any city, by cer- 
tificate properly signed and sealed. 

DISTRICT OF COLUMBIA. 
STATUTE LAW RELATING TO DEEDS. 
Wife should join with her husband in the deed, to relin- 
quish her dower rights. 

Deeds must be acknowledged and recorded to be good 
against third parties. 

STATUTE LAW RELATING TO MARRIED WOMEN. 

Married women shall hold all their property for their sep- 
arate use as fully as if single, and shall have power to dis- 
pose of same by deed, lease, will, gift, or otherwise provided 
she be twenty-one years of age. 

A married woman has the same right and power concern- 
ing ]:»roperty and to contract, sue and be sued, as if unmarried. 

If a wife be insane, by proper proceedings in court and giv- 
ing security, the husband may have her estate placed in his 



282 INSTRUCTION IN REAL ESTATE 

care. If a wife do not join in a deed for her husband's realty 
and he die first she will have dower therein. 

The husband is liable for the support of his family. 

WARRANTY DEED. 
District of Columbia, City of Washington. 

Know all men by these presents, that for and in considera- 
tion of .... dollars, to the undersigned grantor in 

hand paid by the receipt whereof is hereby acknowl- 
edged the said do grant, bargain, sell and 

convey unto the said the following described real 

estate, to wit : situated in City, District of Co- 
lumbia. 

To have and to hold the said property unto the said 

heirs and assigns forever. 

And do for , heirs, executors and administra- 
tors, covenant with said , heirs and assigns that 

lawfully seized in fee simple of said premises ; that they are 

free from all encumbrances and that have a good 

right to sell, and convey the same as aforesaid ; that 

will and heirs, executors and administrators shall 

warrant and defend the same to the said , heirs, execu- 
tors and assigns forever, against the lawful claims of all per- 
sons. 

In witness whereof, the said party of the first part has here- 
unto set his hand and seal the day and year first above written. 

(Seal) 

(Seal) 

Signed, sealed and delivered in presence of 



District of Columbia, City of Washington, to wit: 

I, in and for the said do hereby certify that 

part to a certain Deed bearing date on the .... 

day of , A. D., 19.., and hereto annexed, personally 

appeared before mc in said the said being per- 



AND FIRE INSURANCE. 283 

sonally well known to mc as the person who executed 

the said Deed and acknowledged the same to be .... act and 

deed ; and the said being by nie examined privily and 

apart from husband and having the Deed 

aforesaid fully explained to acknowledged the same to- 
be .... act and deed and declared that .... willingly signed, 

sealed and delivered the same, and that wished not to 

retract it. 

Given under my hand and official seal, this .... day of 
, A. D., 19. . (Name and official character.) 



Note. If a wife does not join omit the part relating to her. 

REAL ESTATE MORTGAGE FORi\I. 

This indenture witnesseth that A. B., of party of 

the first part (if the mortgage is that of a married man and 
the wife joins, as is commonly the case, to extinguish her 
dower or other rights, insert ''and Mary B., his wife" and 
make other corresponding changes below. If the land mort- 
gaged belongs to a married woman insert ''and , her 

husband," and make other necessary changes below), in con- 
sideration of .... dollars to him paid by C. D., party of the 
second part, the receipt whereof is hereby acknowledged, does 
hereby give, grant, bargain, sell, release, convey and confirm 
to the said C. D., his heirs ("successors" instead of "heirs" 
if mortgage is to a corporation) and assigns forever the fol- 
lowing described premises, situate in the of 

county of and state of (describe it so that it 

may be accurately identified) and all the right, title and inter- 
est of the said A. B., either in law or equity, in and to the 
said premises ; together with all the appurtenances to the 
same belonging. To have and to hold the same unto the said 
C. D., his heirs and assigns forever, and the said A. B., for 
himself and his heirs, executors and administrators, hereby 
covenants with the said C. D., his heirs and assigns, that he, 
the said A. B., is lawfully seized of the said premises, in fee 



284 JNSTRttCTtON IN UKAt- l-^.^TATli "^ 

simple, and has full right and power to convey the same, that 
the title and premises so conveyed are clear and unincum- 
bered; (if there are any exception to this state them) and 
further, that he will warrant and defend the same against all 
claim or claims of all persons whomsoever. Provided, never- 
theless, that whereas the said A. B., has executed and deliv- 
ered unto the said C. D., a certain (bond, promissory note, 
or as the case may be) bearing even date herewith (then pro- 
ceed to further describe it so that it may be identified with 
certainty, or if short, a copy of it may be here inserted, the 
fact being stated that it is a copy). 

Now if the said A. B., his heirs, executors, administrators 
or assigns shall pay said debt or sum of .... dollars and 
interest which shall accrue thereon to the said C. D., his heirs 
or assigns, according to the tenor thereof, then this mortgage 
shall be void. 

In witness thereof, the said A. B has hereunto set 

his hand and seal this .... day of .... in the year of our 
Lord .... A. B.'(Seal) 

Signed and acknowledged in presence of 

E. F. 

G. H. 

,19.- 

District of Columbia, City of Washington, to wit : 

I, in and for the said do hereby certify that 

part to a certain Deed bearing date on the .... 

day of , A. D., 19.., and hereto annexed, personally 

appeared before me in said the said being per- 
sonally well known to me as the person who executed 

the said Deed and acknowledged the same to be .... act and 

deed ; and the said being by me examined privily and 

apart from husband and having the Deed 

aforesaid fully explained to acknowledged the same to 

be act and deed and declared that willingly 

signed, sealed and delivered the same, and that wished 

not to retract it. 



AND FIRE INSURANCE. 285 

Given under my hand and official seal, this .... day of 
. . . ., A. D., 19. . (Name and official character.) 



Note. If a wife does not join omit the part relating to her. 

CHATTEL MORTGAGE LAW. 

No bill of sale, deed of trust or mortgage for property ex- 
empt by law from execution is binding unless signed by wife 
of debtor. Chattel Mortgages are executed, and recorded 
like bills of sale. They take effect, except as between parties 
thereto, only from the time of recording ; and in case of more 
than one mortgage, the one first recorded has preference. 

CHATTEL MORTGAGE. 

Know all men by these presents, that residing in 

county of state of , party of the 

first part, being justly indebted to , residing in , 

party of the second part, in the sum of dollars, which 

is hereby confessed and acknowledged, has, for the purpose 
of securing the payment of said debt, granted, bargained, sold, 
and mortgaged, and by these presents does grant, bargain, 
sell and mortgage unto the said party of the second part, his 
heirs, executors, administrators and assigns, all that certain 
personal property described as follows, to wit: (Describe it 
and state where it is and in whose possession), all of which 
property the party of the first part covenants is free and clear 
from all liens and encumbrances, (here mention Exemptions, 
if any) and the said party of the first part for himself, his 
heirs, executors and administrators, all and singular, the 
goods, chattels and personal property above bargained and 
sold, unto the said party of the second part, his executors, 
administrators and assigns, against him the said party of the 
first part, and against all and every other person or persons, 
whomsoever, shall and will warrant and forever defend. 

To have and to hold, all and singular said goods, and chat- 
tics, unto the said part\^ of the second part his heirs, executors, 



286 INSTRUCTION IN REAL ESTATE 

administrators and assigns, forever; provided, always, and 
these presents are upon this express condition : That if the 
said party of the first part shall pay or cause to be paid the 
said party of the second part, his heirs or assigns, the sum of 

dollars, according to the conditions of two (or as 

the case may be) certain promissory notes, executed by 

payable to at viz. $ 

dated due with interest at per 

cent, per annum, until paid (or omitting all after ''promissory 
notes" and inserting ''of which the following are copies" and 
then insert copies, or if the indebtedness is not represented by 
promissory notes, its character may be otherwise indicated.) 
Then these presents to be void and of no effect. And as long 
as the conditions of this mortgage are fulfilled, the said party 
of the first part is to remain in peaceful possession of said 
property, and in consideration thereof agrees to keep said 
property in as good condition as it now is, at the cost and 
expense of said first party. 

In witness whereof, the said party of the first part has 

hereunto set In's hand and seal, this day of , 

A. D., 19... 

. (seal.) 

Signed and dehvcred in llic presence of 



19- •• 

Then personally appeared the above named and 

acknowledged the foregoing instrument to 1)e free 

act and deed, before me. 



STATUTE LAW RELATING TO BILLS OE SALE. 

No bill of sale for property exempt by law from execution, 
is binding unless signed by wife of debtor. They should be 
recorded and take effect only from time of recording. 

BILL OF SALE FORM. 
Know all men by these presents, that I, A. B., of ., 



AND FIRE INSURANCE. 287 

ill consideration of the sum of dollars to me in hand 

paid by C. D., of the same place, at and before the ensealing 
and delivering of these presents, the receipt whereof I do 
hereby acknowledge, (or if the consideration be different 
state it,) have bargained, sold, released, granted, and con- 
firmed, and by these presents, do bargain, sell, release, grant, 
and confirm, unto the said C. D,, all the following goods, 
household stuff, and implements of household, (or as the case 
may be) (here describe each article so it can be identified) 
now remaining and being (mention where they are) to have 
and to hold all and singular the said goods and chattels, etc., 
and every one of them, by these presents bargained, sold, re- 
leased, granted, and confirmed, unto the said C. D., his heirs, 
executors, administrators, and assigns, to his and their only 
proper use and behalf forever. 

Witness my hand and seal, this fourth day of , 

A. D., 19... 

Signed, sealed and delivered in presence of 

A. B. (seal.) 
E. G. 
A. R. 
District of Columbia, ss : 

On this day of in the year or our Lord 

one thousand nine hundred and before me, the sub- 
scriber, a notary public in and for the district aforesaid, per- 
sonally appeared and made oath in due form of law 

that the above is act and signature and that the 

named in the above receipt is our property 

and is located at street and that 

has a perfect right to sell it, and by this act has 

sold the same to and will deliver the said 

at any time the said sends for it. 



Subscribed and sworn to before mc this day of 

I9--. 



Notary Public. 



288 INSTRtlCTION iN REAL ESTATE 

LEASE FORM. 

This indenture made and executed this day of 

A. D., 19 ... , between of , of the 

first part, and of , of the second part, wit- 

nesseth that in consideration of the rents and covenants here- 
inafter expressed, the said party of the first part has demised 
and leased, and does hereby demise and lease to the said 

party of the second part the following premises, 

viz.: (describe them) with the privileges and appurtenances, 

for and during a term of from the day of 

, 19. . ., which term will end And the said. 

party of the second part covenants that he will pay to the 
party of the first part, for the use of said premises, the yearly 

rent of dollars ($ ), to be paid monthly in 

advance in equal installments, without demand therefor being 
made by the party of the first part. 

And provided, said party of the second part shall fail to 
pay said rent, or any part thereof, when it becomes due, it is 
agreed that said party of the first part may sue for the same, 
or re-enter said premises, or resort to any legal remedy. 

The party of the part agrees to pay all 

taxes to be assessed on said premises during said term .... 

The party of the second part covenants that at the ex- 
piration of said term he will surrender up said premises to the 
party of the first part in as good condition as now, necessary 
wear and damage by the elements excepted. 

Witness the hands and seals of the said parties the day and 
year first above written. 

A. B. (seal.) 
C. D. (seal.) 

Signed, sealed and delivered in presence of 
E. F. 
G. H. 

Note. Leases should be made in duplicate, one for each 
party. 



AND FIRE INSURANCE. 289 

EXEMPTION LAW. 
Wearing apparel, household furniture not exceeding $300. 
in value ; provisions and fuel for three months support ; tools 
and implements of debtors trade to the amount of $200. in 
value and $200. worth of stock in carrying on the business of 
the debtor or his family ; library and implements of a profes- 
sional man to the value of $300; one horse, one mule or yoke 
of oxen ; one cart, wagon or dray, and harness for each team ; 
food for such for three months; if debtor be a farmer tools of 
the value of $100; one cow, one swine, six sheep; all family 
pictures and family library not exceeding $400. in value ; 
earnings, not to exceed $100. a month, of married persons 
or who have to provide support for a family, for two months 
next preceding the issue of any writ, shall be exempt from 
attachment. 

DECEDENT'S DEBTS. 
No executor or administrator may discharge any debt of 
the deceased without it first being passed by the court or unless 
the same be duly proved. Administrators are required to 
make and file their final accounts within fifteen months. If 
there is no child or children, or child or children of deceased 
child or children, the widow takes one half of personal prop- 
erty. If there be child or children as above, widow takes 
one third. If the estate be insolvent, widow takes nothing. 

STATUTE LAW RELATING TO DESCENT AND 
DISTRIBUTION WHEN NO WILL IS LEFT. 

Real Estate held in fee-simple or fee-simple conditional as 
well as that held in fee-tail, to the heirs of the body generally, 
created and acquired under laws now in force, the owner 
(lying without a will, will descend to the kindred, male and 
female, of such person, in the following order, to wit: First 
to the child or children and their descendants, if any, equally, 
and if no child or descendant, and the estate descended to the 
intestate on the part of the father (or on the part of the mother 
where neither the mother nor ancestor of hers in the male 



290 INSTRUCTION IN REM. ESTATE 

line or descendant of such ancestor be living, then to the 
brothers and sisters of the intestate of the blood of the father, 
and their descendants eqiiall}', and if no brother or sister as 
aforesaid, or descendant from such brothers or sisters, then 
to the grandfather on the part of the father, and if no such 
grandfather living then to the descendants of such grandfather 
and their descendants in equal degree equally, and if no such 
descendant of such grandfather, then to the father of such 
grandfather, and if none such living, then to the descendants 
of the father of such grandfather in equal degree, and so on, 
passing to the next lineal male paternal ancestor, and if none 
such, to his descendants in ec[ual degree without end ; and if 
none such paternal ancestor, or descendant from such ances- 
tor, or if the estate descended to the intestate on the part of 
the mother, then to the mother of the intestate, and if no 
mother living, to her descendants in equal degree equally and 
if no mother living or descendants from such mother, then to 
the maternal ancestors (following the male line backwards) 
and their descendants in the same manner as is above directed 
as to the paternal ancestors and their descendants ; and if the 
estate is or shall be vested in the intestate purchase, and not 
derived from or through either of his ancestors, and there 
be no child or descendant of such intestate, then the estate 
shall descend to the brothers and sisters of such whole blood, 
and their descendants in equal degree equally, and if no 
brother or sister of the whole blood, or descendant from such 
brother or sister, then to the brothers and sisters of the half 
blood and their descendants, in equal degree equally, and if 
there be none, such, then to the father, and if no father living, 
then to the mother, and if no mother living, then to the grand- 
father on the part of the father, and if no such grandfather 
living, then to the descendants of such grandfather in equal 
degree equally, and if no such grandfather or any descendants 
from him, then to the grandfather on the part of the mother, 
and if no such grandfather then to his descendants in equal 
degree equally, and so on without an end, alternating the 
next male paternal ancestor and his descendants and giving 



AND FIRE INSURANCE. 29I 

preference to the paternal ancestor and his descendants, and 
if there be no descendants or kindred as aforesaid, then the 
same shall goto the husband or wife, as the case may be, and if 
the husband or wife be dead, then to liis or her kindred in the 
like course if such husband or wife had survived the intestate 
and then died entitled to the estate by purchase, and if the 
intestate has had more husbands or wives than one, and all 
shall die before such intestate, then the estate shall be equally 
divided among the kindred of the several husbands or wives 
in equal degree equally. 

No right in the inheritance shall accrue to or vest In any 
person other than to children of the intestate and their descen- 
dants, unless such person is in being, and capable in law to 
take as heir at the time of the intestate's death, but any child 
or descendant of the intestate, born after the death of the in- 
testate, shall have the same right of inheritance as if born be- 
fore the death of the intestate. 

if in the descending or collateral line any father or mother 
ma\' be dead, the child or children of such father or mother 
sliall, by representation, be considered in the same degree as 
the father or mother would have ])een living, and shall have 
the same share of the estate as the father or mother, if living, 
would have been entitled to, and no more ; and in such case, 
where there are more children than one, the share aforesaid 
shall be equally divided among such children. 

Any child or children of the intestate, or their issue, having 
received from the intestate any real estate by way of advance- 
ment, may elect to come into partition with the other parcen- 
ars, on bringing such an advancement into hotchpot with the 
estate descended, but cannot otherwise claim a share if there 
be another child unprovided for. 

Marriage of the parents after the birth of their child and 
asknowledgment of the child by the father renders the child 
legitimate. 

Personal Property. — Distribution of the surplus of personal 
estate, after payment of de1)ts in the absence of a will, shall be 
as follows: If the intestate leaves a widow and no child, 



292 INSTRUCTION IN REAL ESTATE 

parent, grandchild, brother or sister, or the child of a brother 
or sister she will take the whole, but if there be a child or 
children or descendant thereof she will have one-third only, 
if there be no descendant of the intestate, but a parent, brother 
or sister, or child of a brother or sister, she shall have one- 
half. 

Subject to the above the personality goes to descendants, if 
any, children of deceased descendants, if any, children of 
deceased descendants taking equally the share of their de- 
ceased parent; and any portion or share advanced to a child 
or other descendants in the intestate's lifetime shall be reck- 
oned on account of his part of the estate. 

If there be a father, and no child or other descendant, the 
father shall have the whole. 

If there be a brother or sister, or descendant of the same, 
and no descendant or father of the intestate, such brother, 
sister, descendant or descendants thereof, shall have the whole, 
the child or children of a deceased brother or sister taking 
his or her share. 

Subject to the foregoing the mother shall be entitled to the 
whole, and in case there be no father, a mother shall have an 
equal share with the brothers and sisters of the deceased, and 
their descendants. 

After children, descendants, father, mother, brothers and 
sisters, of the deceased, and their descendants, all collateral 
relations, in equal degree shall take, and no representation 
amongst such collaterals shall be allowed ; and there can be no 
distinction between the whole and half blood. 

If there be no collaterals, a grandfather may take, and if 
there be two grandfathers, they shall take alike, and a grand- 
mother, in case of the death of her husband, shall take as he 
might have done. 

If any person entitled to distribution shall die before the 
same 1)e made, his or her share shall go to his or her represen- 
tatives. 

rosthumous children uf intestates, shall take in the same 



AND FIRE INSURANCE. 293 

manner as if they had been born before the decease of the in- 
testate, l)ut no other posthumous relation shall be considered 
as entitled to distribution in his or her own right. 

If there be no relation of the intestate within the fifth de- 
gree, which degree shall be reckoned by counting down from 
the common ancestor to the more remote, the whole surplus 
shall belong to the United States of America. 

DISTRIBUTION OF PROPERTY BY WILL. 

Any male tw^enty-one or female eighteen years of age may 
dispose of his or her real or personal estate by will in writing, 
which must be signed at the foot thereof by the testator or 
some one in his presence and at his direction. It must be 
attested by two witnesses who sign the same in the presence 
of the testator and at his request. A testator may sign by 
making his sign or cross. 

A widow in lieu of what is left her by will may take her 
dower rights. 

NOTARY PUBLIC. 
Application should be made to the Secretary of State who 
will notify when to appear and take oath of office. Applicant 
must be a resident of the district. Appointment is made by 
the President. Term — five years. Bond of $2000. is re- 
quired. Fees — certificate and seal 50 cents ; administering an 
oath 15 cents; taking acknowledgments with certificate, 50 
cents; protesting and recording $1.75; each notice of protest 
10 cents; each demand for acceptance or payment, if accepted 
or paid, $1. to be paid by the party accepting or paying same. 

LAW ON ACKNOWLEDGMENTS TAKEN OUT OF 
THE DISTRICT. 
Acknowledgments of deeds may be made before any of 
the following officers in the United States : Judge of court of 
record and of law, chancellor of state, judge of supreme, cir- 
cuit or district court, justice of the peace, notary public or 
any commissioner of the circuit court appointed for that pur- 



294 ^ INSTRUCTION IN REAL ESTATE 

pose. Deeds made in a foreign country may be executed and 
acknowledged by any judge or chancellor of court, master in 
chancery, notary public or by any secretary of legation or con- 
sular of the United States. 

FLORIDA. 

STATUE LAW RELATING TO DEEDS. 

Though not recorded deeds are good between the imme- 
diate parties. INIust be sealed and delivered in the presence 
of at least two subscribing witnesses by the party creating, 
making or conveying. Deeds should be recorded as it is the 
only notice which the law imputes to creditors or subsequent 
purchasers, in the absence of actual notice. They must be 
under seal, but a scroll seal is sufficient. 

STATUTE LAW RELATING TO MARRIED WOMEN. 

Married women may sell, convey or mortgage her real prop- 
erty the same as if she were unmarried, provided her husband 
join in such sale, conveyance or mortgage. If the husband 
be insane, she may contract and convey property. All prop- 
ert}' of the wife, real and personal, owned by her before mar- 
riage, or lawfully acquired by her afterwards, by gift, devise, 
bequest, descent or purchase, shall be her separate property 
and not liable for the debts of her husband unless her con- 
sent be given by some instrument in writing executed accord- 
ing to law respecting conveyance by married women. W^ife's 
promissory note is void; no personal judgment nor decree 
against married women on contract. j\Iay sue in respect to 
her real estate without joining her husband. Wife who does 
not join with the husband in a deed conveying the real estate 
of the husband, after his death wife is entitled to dower in 
such conveyed real estate. The husband is liable for the sup- 
port of his family; and wife's separate estate is not liable for 
the necessaries ordered by the wife for the household of her 
husband. 



AND FIRE INSURANCE. 295 

WARRANTY DEED. 

This indenture made the day of , in the 

year of our Lord one thousand nine hundred and , 

between J. J., of the city of , in the state of 

and Mary, his wife, parties of the first part, and W. B., of 

, and state aforesaid, of the second part ; witnesseth, 

that the said parties of the first part, for and in consideration 

of the sum of dollars, lawful money of the United 

States of America, to them in hand paid by the said party of 
the second part, at and before the ensealing and delivery here- 
of, the receipt whereof they do hereby confess and acknowl- 
edge, have granted, bargained, sold, conveyed and confirmed, 

and by these presents gi'ant, bargain, sell convey and 

confirm unto the said part. . of the second part and 

heirs and assigns forever, all tyiwg ^"d being in the 

and state of described as follows : 

Together with all and singular the hereditaments and appur- 
tenances thereunto belonging, or in anywise appertaining, and 
also all the estate, right, title, interest, dower and right of 
dower, separate estate, property, possession, claim and demand 
whatsoever, as well in law as in equity, of the said part. . of 
the first part, of, in and to the same, every part and parcel 
thereof, with the appurtenances : To have and to hold the 
above granted, bargained and described premises, witli the 

appurtenances, unto the said part. . of the second part, 

heirs and assigns, to own proper use, benefit and be- 
hoof forever. 

And the said part. . of the first part , for 

heirs, executors and administrators, do. . covenant, promise 
and agree, to and with the said part. . of the second part 

heirs and assigns, that the said part. . of the first 

part, at the time of the sealing and delivery of these presents, 

lawfully seized in fee simple, of a good, absolute 

and indefeasible estate of inheritance of, and in, all and sin- 
gular, the above granted, bargained and described premises, 
with the appurtenances, and ha. . full power to grant, bargain, 



296 INSTRUCTION IN REAL ESTATE 

sell and convey the same in manner and form aforesaid. And 

that the part. . of the second part, heirs and assigns, 

shall and may at all times hereafter, peaceably and quietly 
possess and enjoy the above granted premises, and every part 
and parcel thereof, with the appurtenances, without any moles- 
tation or disturbance of the said part. . of the first part, 

heirs or assigns, or of any other person or persons 

lawfully claiming or to claim the same. And that the same 
are now free and unencumbered 

And the said part. . of the first part, for and 

heirs, the above described and hereby granted and 

released premises, and every part and parcel thereof, with the 

appurtenances, unto the said part. . of the second part, 

heirs and assigns, against the said part. . of the first part, and 

heirs and against all and every person or persons 

whomsoever, lawfully claiming, or to claim the same, shall 
and will warrant, and by these presents forever defend. 

In witness whereof, the said parties of the first part have 
hereunto set their hands and seals, the day and year first above 
written. 

J.J. (seal.) 
Mary J. (seal.) 

Signed, sealed and delivered in presence of 
E. A. 
R. M. 
State of Florida, County of .... 

Know all men by these presents, that I wife of the 

above named do by these presents, made and exe- 
cuted by me separate and apart from my said husband, and 

in the presence of a of the state of Florida, 

acknowledge and declare that I did make myself a party to 
and executed the foregoing deed of conveyance, for the pur- 
pose of relinquishing my dower, right of dower, interest and 
homestead in and to the land in said conveyance therein des- 
cribed and granted, and that I did the same freely and volun- 
tarily, and without any com]nilsion, restrain, apprehension or 
fe^r of o;* from my said husband, 



AND FIRE INSURANCE. 297 

In witness whereof, I hereunto subscribe my name and affix 

my seal, this day of A. D., 19. . . 

(seal.) 

State of Florida County. 

On this day personally appeared before me to me 

well known as the person. . described in, and who executed 
the foregoing deed of conveyance, and acknowledged that 

executed the same for the purpose therein expressed. 

Whereupon it is prayed that the same be recorded. 

In witness whereof, I have hereunto affixed my hand and 

seal day of A. D., 

(Name and official character.) 



MORTGAGE FORM. 

This indenture witnesseth that A. B., of party of 

the first part, (if the mortgage is that of a married man and 
the wife joins, as is commonly the case, to extinguish her 
dower or other rights, insert ''and Mary B., his wife," and 
make other corresponding changes below. If the land mort- 
gaged belongs to a married woman insert "and . . . . , her hus- 
band," and make other necessary changes below,) in consider- 
ation of dollars to him paid by C. D., party of the 

second part, the receipt whereof is hereby acknowledged does 
hereby give, grant, bargain, sell, release, convey and confirm 
to the said C. D., his heirs ("successors" instead of "heirs" if 
the mortgage is to a corporation) and assigns forever, the 

following described premises, situate in the of 

county of and state of (describe it so that 

it may be accurately identified) and all the right, title and 
interest of the said A. B., either in law or equity, in and to 
the said premises ; together with all and singular the tene- 
ments, hereditaments and appurtenances thereunto belonging 
or in any wise appertaining, and the reversion and reversions, 
remainder and remainders, rents, issues and profits thereof; 
ci;id also, all the estate right, title, interest, dower and right of 



298 INSTRUCTION IN REAL ESTATE 

dower, separate estate, property, pos'session, claim and de- 
mand whatsoever, as well in law as in equity, of the said 
party of the first part, in and to the same, and every part 
and parcel thereof, with the appurtenances : To have and to 
hold the same unto the said C. D., his heirs, and assigns for- 
ever, and the said A. B., for himself and his heirs, executors 
and administrators, hereby covenants with the said C. D., his 
heirs and assigns that he, the said A. B., is lawfully seized of 
the said premises, in fee simple, and has full right and power 
to convey the same, that the title and premises so conveyed 
are clear and unincumbered; (if there are any exceptions to 
this state them). And further, that he will warrant and de- 
fend the same against all claim or claims of all persons whom- 
soever. Provided, nevertheless, that whereas, the said A. B., 
has executed and delivered unto the said C. D., a certain 
(bond, promissory note, or as the case may be) bearing even 
date herewith (then proceed to further describe it so that it 
may be identified with certainty, or, if short, a copy of it may 
be here inserted, the fact being stated that it is a copy. 

Now if the said A. B., his heirs, executors, administrators 

or assigns shall pay said debt or sum of dollars and 

interest which shall accrue thereon to the said C. D., his heirs 
or assigns, according to the tenor thereof, then this mortgage 
shall be void. And the said party of the first part, for him- 
self and his heirs, executors and administrators, does covenant 
and agree to pay unto the said party of the second part, his 
heirs, executors, administrators or assigns, all costs, charges 

and expenses the part. . of the second part may 

incur or be put to in collecting the same by foreclosure, in- 
cluding solicitor's fees. 

In witness whereof, the said A. B. has hereunto set his hand 

and seal this day of in the year of our 

Lord 

A. B. (seal.) 

Signed and acknowledged in presence' "f 
E. V. 
G. 11. 



AND FIRE INSURANCE. 299 

MARRIED WOMEN. 
Stale of Florida, County. 

To all whom it may concern : Be it known that on this 
day of A. D., personally ap- 
peared before me, a of the State of Florida, the 

above named to me well known as the wife of 

and as one of the persons described in and who executed the 
foregoing mortgage deed, who being at the time separate 
and apart from her husband, did then and there make and 
execute the foregoing acknoAvledgment, and her seal af- 
fixed in my presence. 

Witness my hand and seal at the day above writ- 
ten. 

(Name and official character.) 



HUSBAND OR SINGLE PERSON. 
State of Florida, County. 

On this day personally appeared before me to me 

well known as the person. . described in, and who executed 
the foregoing deed of conveyance, (or mortgage deed as the 

case may be) and acknowledged that executed the 

same for the purpose therein expressed. Whereupon it is 
prayed that the same may be recorded. 

In witness whereof, I have hereunto affixed my hand and 

seal day of A. D., 

(Name and official character.) 

STATUTE LAW ON CHATTEL :\[ORTGAGE. 
To be good against subsequent purchasers, they must be 
acknowledged and filed within ninety days. 

CHATTEL ]\IORTGAGE. 

Know all men by these presents, that residing in 

county of state of party of the 

first part, being justly indebted to , residing in 



300 INSTRUCTION IN REAL ESTATE 

party of the second part, in the sum of dollars, which 

is hereby confessed and acknowledged, has, for the purpose 
of securing the payment of said debt, granted, bargained, sold 
and mortgaged, and by these presents does grant, bargain, sell 
and mortgage unto the said party of the second part, his heirs 
and assigns, all that certain personal property described as 
follows, to wit: (Describe it and state where it is and in 
whose possession), all of which property the party of the 
first part co\^enants is free and clear from all liens and en- 
cumbrances, (here mention Exemptions, if any) and the said 
party of the first part for himself, his heirs and assigns, all 
and singular, the goods, chattels and personal property above 
bargained and sold, unto the said party of the second part, 
his heirs and assigns, against him the said party of the first 
part, and against all and every other person or persons, whom- 
soever, shall and will warrant and forever defend. 

To have and to hold, all and singular said goods, and chat- 
tels, unto the said party of the second part his heirs and 
assigns, forever; provided, always, and these presents are 
upon this express condition: That the said party of the first 
part shall pay or cause to be paid unto the said party of the 

second part his heirs or assigns, the sum of dollars, 

according to the conditions of two (or as the case may be) 

certain promissory notes executed by payable to 

at viz. $ dated due 

with interest at per cent, per annum, until paid (or 

omitting all after "promissory notes" and inserting ''of which 
the following are copies" and then insert copies, or if the 
indebtedness is not represented by promissory notes its char- 
acter may be otherwise indicated). Then these presents to 
l)e void and of no effect. And the said party of the first part, 
for himself, his heirs and assigns, hereby covenants with the 
said parties of the second part, their heirs, and assigns, that 
this is the first and only lien or mortgage upon the said des- 
cribed property; and that he has no land rent or money, or 
])ro(luce, for advances to pay except 



AND FIRE INSURANCE. 3OI 

In witness whereof, the said party of the first part has here- 
unto set his hand and seal, this • day of 

A. D., 19... 

(seal.) 

Signed and deHvered in the presence of 

State of Florida, Columbia County. 

Before me personally came , signer of the forego- 
ing deed of mortgage, and acknowledged that he 

executed the same for the purpose therein contained. 

And wife of the said being separate 

and apart from her said husband further acknowledged that 
she joined her said husband in the foregoing conveyance and 
that she did so freely and voluntarily, and without fear or 
compulsion, constraint or apprehension from her said husband. 

Witness my hand and official seal, this day of 

A. D., 19... 

(seal.) 

Notary Public, State of Florida, at Large. 

Note. If crops are to be mortgaged they may be described 
as follows: All the crop or crops of cotton, corn, peas, pota- 
toes, cane, pinders, tobacco, and all other crops raised, grown 

or cultivated by party of the first part, in county, 

during the current year, 19. . . (or if it be other movable per- 
sonal property, describe it). 

BILL OF SALE FORM. 

Know all men by these presents, that I, A. B., of , 

in consideration of the sum of dollars to me in hand 

paid by C. D., of the same place, at and before the ensealing 
and delivering of these presents, the receipt whereof I do 
hereby acknowledge, (or if the consideration be different state 
it,) have bargained, sold, released, granted, and confirmed, 
and by these presents, do bargain, sell, release, grant, and 
confirm, unto the said C. D., all the following goods, house- 
hold stuff, and implements of household, (or as the case may 



302 INSTRUCTION IN REAL ESTATE ^ 

be) (here describe each article so it can be identified) now 
remaining and being (mention where they are) to have and 
to hold all and singnlar the said goods and chattels, etc., and 
every one of them, by these presents bargained, sold, released, 
granted, and confirmed, unto the said C. D., his heirs, execu- 
tors, administrators, and assigns, to his and their only proper 
use and behalf forever. 

Witness my hand and seal, this fourth day of , 

A. D., 19... 

Signed, sealed and delivered in presence of 

A. B. (seal.) 
E. G. 
A. R. 

STATUTE LAW RELATING TO LANDLORD AND 
TENANT. 

Proceedings to distrain for rent are begun by affidavit made 
by the landlord, his agent, or attorney, filed in court, stating 
amount or quantity in value or rent due for land or advances 
and whether payable in money, cotton, agricultural products 
or other thing. The writ (or order to make distraint) must 
be returnable not more than ten da}'s from issuance. The 
defendant may replevy property distrained if he contest the 
right to distrain it, giving bond with two sureties. After 
judgment is obtained the property distrained may be sold 
within ten days. Third parties claiming the property must 
give bond and affidavit setting forth their right to the prop- 
erty. 

Leases for more than a year should be recorded to be cflfec- 
tive against creditors or other subsequent interested parties, 
who do not have notice of the lease. 

LEASE FORM. 

This indenture made and executed this day of 

A. D., 19 ... , between of , of the 

first part, and of , of the second part, wit- 

nesscth that in consideration of the rents and covenants here- 



AND FIRE INSURANCE. 3O3 

inafter expressed, tlie said party of the first part lias demised 
and leased, and does hereby demise and lease to the said party 

of the second part the following premises, viz. : 

(describe them) with the privileges and appurtenances, for 

and during a term of from the day of 

19. • • , which term will end And the said 

part}- of the second part covenant that he will pay lo the 
party of the first part, for the use of said premises, the yearly 

rent of dollars ($ ), to be paid monthly in 

advance in equal installments without demand therefor being 
made by the party of the first part. 

And provided, said party of the second part shall fail to 
pay said rent or any part thereof, when it becomes due it is 
agreed that said party of the first part may sue for the same, 
or re-enter said premises, or resort to any legal remedy. 

The party of the part agrees to pay all 

taxes to be assessed on said premises during said term .... 

The party of the second part covenants that at the expira- 
tion of said term he will surrender up said premises to the 
party of the first part in as good condition as now, necessary 
wear and damage by the elements excepted. 

Witness the hands and seals of the said parties the day and 
year first above written. 

A. B. (seal.) 
C D. (seal.) 

Signed, sealed and delivered in presence of 
E. F. 
G. H. 

Note. Leases should be made in duplicate, one for each 
party. 

DECEDEXT'S DEBTS. 

Debts are to be graded and paid according to the following 
order: i. The necessary funeral expenses. 2. Debts due for 
board and lodging during the last sickness of the deceased. 
3. Physician and surgeon bills for medicine and attendance ; 



304 INSTRUCTION IN REAL ESTATE 

(lcl)ts incurred in favor of other persons for nursing, attend- 
ance and medicine, during the last sickness of the deceased. 
4. Judgments of record recorded and docketed in this state 
(luring the hfe time of the deceased, and all debts due to the 
state. All other debts, whether by specialty or otherwise, 
without distinction of rank. 

Payments cannot be enforced until after the expiration of 
six months from the taking out of letters testamentary of 
letters of administration. A judgment recovered against the 
executor or administrator within this period carries with it 
no cost of suit, nor will execution be issued on such judgment 
until after the expiration of six months; nor shall execution 
issue on any judgment rendered against the deceased in his 
life time without being revived by sire facias, nor until after 
the expiration of six months. 

It should be borne in mind that the order of classification 
i^iven above does not relieve the creditor, or the holder of the 
claim from the necessity of proving the claim, which must be 
(lone before the claim becomes a charge against the estate ; 
for, to be entitled to payment, all debts and demands of what- 
soever nature, against the estate of any testator or intestate, 
must be presented to the executor or administrator within 
two years after the first publication of a notice to be given by 
the executor or administrator, or, else, the same shall be 
barred; provided, the estate be of a value less than two thou- 
sand dollars (exclusive of homestead exemption and exemp- 
tion in favor of the widow and family). Presentation must 
be made within one year after the first publication of the 
notice, or the claim will be barred. 

STATUTE LAWS RELATING TO LIMITATIONS. 
To recover realty, suit must be brought within seven years 
after beginning of adverse possession by the defendant, if the 
adverse possession be begun under color or pretense of title, 
within twenty years. Actions on contracts or obligations and 
writing under seal, also actions on judgments of courts of the 
United States, or of any state or territory, must be brought 



AND FIRE INSURANCE. 305 

within twenty years. Actions on contracts in writinia," not 
under seal must be brought within five years, and in case of 
trespass on realty, taking, detaining or injury to chattels, or 
for relief on ground of fraud upon contract not founded upon 
written instruments, except open accounts for merchandise, 
must be brought within three years. 

EXEMPTION AND HOMESTEAD LAW. 

Homestead is allowed of i6o acres of land and improve- 
ments if in the country, and this shall not be reduced by 
reason of a subsequent inclusion within city or town limits 
without the owner's consent. A residence and one-half 
acre (not including, however, more improvements than the 
residence and business house of the owner), if in an incor- 
porated city or town, together with $1,000 in personalty, 
shall constitute the homestead. 

No exemption allowed against taxes or obligations for pur- 
chase money of the property, or for cost of improvements 
thereon, or for house, field or other labor performed. Wages 
of a laborer, the head of a family, residing in the state, are 
exempt from garnishment. A widow and heirs also have the 
benefit of these exemptions. 

Homestead may be conveyed by deed or may 1)e dis- 
posed of by will if the testator have no children. 

STATUTE LAW RELATING TO DESCENT AND 
DISTRIBUTION WHEN NO WILL IS LEFT. 

After payment of debts and legal charges for settling, dece- 
dent's estate shall descend in parcenary to the male and female 
kindred. Passing to the nearest lineal male ancestors, and for 
want of them to the lineal female ancestors in the same degree 
and the descendants of such male and female ancestors, or 
such of them as there may be. 

A widow having no provision made for her, by will, or 
having a provision made, as the case may be, which provision 
is not satisfactory to her, such widow may signify her dissent 
thereto, at any time within one year after the probate of the 



306 INSTRUCTION IN REAL ESTATE 

will, or tlie granting of letters of administration, and in that 
case, will be entitled to dower in the following manner : One- 
third of all the lands of which her husband died seized and 
possessed, or had before conveyed, w^hereof she had not re- 
linquished her right of dower, to be held by her during her 
life. The dwelling house in which the husband lived next 
before his death shall be comprehended in said third part, 
together with all out-houses, and other improvements there- 
unto belonging ; provided such dwelling house and out-houses, 
and other improvements, if applied to the use of the widow, 
will not work an undue hardship and injustice upon the other 
heirs, then, such widow is to take one-third part only. 

As to personalty '• Widow if there be no children or if there 
be but one child, takes one-half of the personal estate in fee- 
simple ; but if there be more than one child widow is entitled 
to one-third part of the personal estate in fee-simple, and her 
claim shall have preference over all others, free from all 
liabilities for debts of the decedent. 

Husband : — If there be no children or their descendants and 
the decedent be a married woman and her husband survive 
her, all the property, real and personal, shall go to the hus- 
band ; to the children or their descendants and the husband, 
if the decedent be a married woman, and the husband survive 
her; the husband has no interest in the wages or the separate 
earnings of the wife. 

When the head of a family, having a homestead in this 
state, shall die, leaving a widow, surviving him, but no child- 
ren, or child, as case may be, surviving him, then widow shall 
be entitled to dower or a child's part in such homestead as she 
may elect. 

Inheritance from Infants (Minors) : Whenever an infant 
shalldie without issue leaving no husband or wife surviving 
and having the title to real estate of inheritance derived by 
gift, devise, or descent, from the father, and there be living 
at the time of the death of such infant, his father, brother or 
sister, on the part of the father, such real estate shall pass and 
descend to the paternal kindred, as though there had been no 



AND FIRE INSURANCE. 307 

mother, or maternal kindred living at the time of the death 
of such infant, saving to the mother, however, her right of 
dower, which she may have in such real estate of inheritance ; 
had the infant's title to real estate been by gift, devise or 
descent, from the mother, and the mother be living at the 
death of such infant, or any brother or sister of the mother, 
or any descendant of them, such real estate would descend to 
the maternal kindred, without regard to the father, or paternal 
kindred, saving to the father, however, the right wdiich he 
may have in the real estate of his wife. If such infant leaves 
a husband, or wife surviving, such husband or wife, will take 
all of such infant's property. 

Inheritance by husband's and wife's kindred : — Where from 
want of issue of the intestate and of father, mother, brothers, 
sisters, and their descendants, the inheritance is before 
directed to go to the paternal and maternal kindred, by 
moieties, if there should be no such kindred on the one part, 
the wdiole shall go to the other, and if there be no kindred 
either on the one part, or the other, and the wife or the hus- 
band of the intestate is dead, the whole shall go to his or her 
kindred, in the like course, as if such wife or husband, had 
survived the intestate, and then died entitled to the estate. 

Inheritance by half blood : — Where the inheritance is di- 
rected to pass to the ascending and collateral kindred of the 
intestate, and part of such collaterals be of the whole blood, 
and the other part of the half blood only, those of the half- 
blood shall inherit only half as much as those of the whole 
blood, but if all be of the half blood they shall have whole 
portions, only giving to the ascendants (if any) double por- 
tions. 

Inheritance per capita, and per stirpes : — Where the children 
of the intestate, or his mother, brothers, sisters, or his 
grandmother, uncles, aunts, or any of his female lineal ances- 
tors, living with the children of the deceased lineal ancestors, 
male and female in the same degree, come into partition, they 
shall take per capita, and where a part of them being dead 
and a part living, the issue of those dead have right to par- 



308 INSTRUCTION IN REAL ESTATE 

tition, such issue shall take per stirpes the share of their 
deceased parents. 

Inheritance by adopted children : — Whenever a child has 
been adopted as the heir of another by the laws of any state, 
and such child afterwards become a citizen of this state, the 
same shall be considered the heir and entitled to inherit ac- 
cording to the laws of Florida, as if adopted under the laws 
of Florida. 

Hotchpot : — Advancement made to a child or to children by 
parents, who die intestate, shall be brought into hotchpot with 
the whole estate, real and personal, if the child or children, 
receiving such advancement, shall choose to come into the par- 
tition of the estate with the other parceners, in which event, 
such child or children, shall be entitled to his or their share, 
or proper portion of the wdiole estate to be descended, and the 
value to be given such advancement must be the value of 
such advancement at the time it was made. 

Bastards : — Are capable of inheriting or of transmitting 
inheritance on the part of their mother, in like manner, as if 
they had been lawfully begotten of such mother. 

Aliens : — May devise and bequeath, inherit and transmit, 
real and personal property, the same as if they were citizens 
of the United States. 

Escheat: — Real and personal property in default of known 
heirs and legal representatives, escheats to this state : Personal 
property, after the expiration of one year after taking out 
letters of administration ; real property after the expiration 
of two years after taking out letters of administration. 

Persons in being : — Children of the intestate, begotten be- 
fore his death, but born after, take as if born in his lifetime. 

DISTRIBUTION OF PROPERTY BY WILL. 
Every person of the age of twenty one years of age, and of 
sound mind, may make a will in writing disposing of his real 
and personal property, it must be signed by the testator, or 
by some other person in his presence, and by his expressed 
directions, and must be witnessed by two or more witnesses, 



And f'lRE iNSURANct:. 309 

or else it will be utterly void i\n(\ of no effect. T.aiuls held by 
the widow, as her dower, and crops grown thereon, may be 
disposed of by wnll as other personal property. Rents and 
other periodical payments accrued to a life tenantor to any 
])erson entitled thereto under the law^, may be disposed of by 
w^ill. All species of property of any interest or value what- 
soever, may be derived or bequeathed, except homestead, if 
there be issue. 

Personal property may be bequeathed by nuncupative wills ; 
but no nuncupative will shall be good which is not proved by 
the oath of three witnesses at the making thereof. It must 
also be proved by the said witnesses that the testator, at the 
time of pronouncing the wall did desire the persons present, or 
some of them, to bear witness that such was his will, and it 
must also be proved that such nuncupative will was made in 
the time of the last sickness of the deceased. 

A devise of real estate to a person without referring to his 
heirs or using words of inheritance passes all the estate of the 
testator, unless a contrary intent appear. Real estate acquired 
1a' a testator after making his will shall pass by a general de- 
vise, unless a contrary intention be manifest on the face of the 
will. If there be a devise or legacy in favor of a lineal des- 
cendant, and for want of such lineal descendant, in favor of 
a brother, or sister, or the children of a deceased brother or 
sister, it shall not lapse by reason of the death of the devisee, 
or legatee, in the life time of the testator, if such devisee or 
legatee leave issue surviving the testator, such issue shall take 
the devise or legacy. If any person makes a will and after- 
wards marries, such will is of no effect and his widow shares 
in his estate the same as though there had been no will. If a 
child or children be not provided for or accounted for, in a will 
made by a father, such child or children will share in the 
estate the same as if no will had been made. The marriage of 
a single woman after making her will, revokes it. A husband 
mav take what is given to him under the will of his wife, or 
he may elect to take the same interest in her estate, real and 
personal property, that would be allowed him under the mtes- 
tate law^s. 



310 INSTRUCTION IN REAL ESTATE 

Wills take effect as if executed immediately before the tes- 
tator's death, unless a contrary intent appear. 

NOTARY PUBLIC. 
Application should be made to the Secretary of State who 
will notify when to appear and take oath of office. Applicant 
must be a citizen of United States. Appointment is made 
by the Governor. Fee — $i. Term — four years. Bond of 
$500. with two surities required. Fees — for protesting bills, 
notes, etc., $2. ; administering oath 10 cents ; taking acknowl- 
edgments 50 cents. 

STATUTE LAW ON ACKNOWLEDGMENTS. 

Acknowledgments made out of the state, of deeds, mort- 
gages and other instruments concerning land or personal prop- 
erty for recording in Florida, may be made before a notary 
public in this or any other country, or before any officer or 
magistrate in the United States authorized to take acknowl- 
edgments by the local law. They may also be made in foreign 
countries before ambassadors or other United States officers 
exercising ministerial functions. 

GEORGIA. 

STATUTE LAW RELATING TO DEEDS. 
Deeds to land must be in writing, signed by the maker, 
attested by at least two witnesses and delivered to the pur- 
chaser or some one for him, and Ije made for a good or val- 
uable consideration ; and in order to l)e admitted to record 
must be attested by two witnesses, one of whom shall be a 
judge of a court of record of the state, or a justice of the 
peace or notary public, or a clerk of the Superior court, in 
the county in which the last three mentioned officers, respec- 
tively hold their appointments. The acknowledgment by the 
maker of the deed or the affidavit of a subscribing witness 
as to its execution before any of the above mentioned offi- 
cers will entitle it to record. Every deed conveying land 



AND FIRE INSURANCE. 3II 

must be recorded in the office of the clerk of the Superior 
court of the county where the land lies. The record may 
be made at any time, but such deed loses its priority over a 
subsequent recorded deed from the same vendor taken with- 
out notice of the existence of the first, and is postponed to 
any other transfer or lien arising from contract taken in 
good faith without notice of such unrecorded deed. 

STATUTE LAW RELATING TO MARRIED WOMEN. 
All the property of the wife at the time of her marriage of 
every kind remains her separate property, and also all prop- 
erty given to, inherited by or acquired by her after marriage, 
and the same is not liable for any debt, default or contract of 
her husband. She cannot bind her separate property by any 
contract of suretyship nor by the assumption of the debts of 
her husband. The wife may contract, sue and be sued with 
reference to her separate property. 

WARRANTY DEED. 
The State of , county of 

Know all men by these presents, that for and in considera- 
tion of .... dollars, to the undersigned grantor , in 

hand paid by the receipt whereof is hereby acknowl- 
edged the said do grant, bargain, sell and con- 
vey unto the said the following described real estate, 

to wit : situated in county. State of 

To have and to hold the said property unto the said 

heirs and assigns forever. 

And do for heirs, executors and administra- 
tors, covenant with said heirs and assigns that 

lawfully seized in fee simple of said premises ; that they are 

free from all encumbrances and that have a good 

right to sell, and convey the same aforesaid ; that will 

and heirs, executors and administrators shall warrant 

and defend the same to the said heirs, executors and 

assigns forever, against the lawful claims of all persons. 



312 INSTRUCTION IN REAL ESTATE 

In witness whereof, the said party of the first part has here- 
unto set his hand and seal the day and year first above written. 

'. (Sealj 

(Seal) 

Signed, sealed and delivered in presence of 



State of Georgia, county of , ss : 

I, (name and official character) in and for said county, in 

the state aforesaid, do hereby certify that and 

his wife, to me personally known, came before me and ac- 
knowledged that the within deed was executed and delivered, 
as it purports, by them. 

Witness my hand and seal this .... day of , 19. . 

(Name and official character.) 



MORTGAGE FORM. 

This indenture witnesseth that A. B., of party of 

the first part, (if the mortgage is that of a married man and 
the wife joins, as is commonly the case, to extinguish her 
dower or other rights, insert ''and Mary B., his wife" and 
make other corresponding changes below. If the land mort- 
gaged belongs to a married woman insert "and , her 

husband," and make other necessary changes below), in con- 
sideration of .... dollars to him paid by C. D., party of the 
second part, the receipt whereof is hereby acknowledged, 
does hereby give, grant, bargain, sell, release, convey and 
confirm to the said C. D., his heirs (''successors" instead of 
"heirs" if mortgage is to a corporation) and assigns forever 

the following described premises, situate in the of 

county of and state of , (describe it so 

that it may be accurately identified) and all the right, title 
and interest of the said A. B., either in law or equity, In and 
to the said premises ; together with all the appurtenances to 
the same belonging. To have and to hold the same unto the 
said C. D- his lieirs and assigns forever, and the said A. B., 



AND FIRE INSURANCE. 313 

for himself and his heirs, executors and administrators, 
hereby covenants with the said C. D., his heirs and assigns, 
that he, the said A. B., is lawfully seized of the said premises, 
in fee simple, and has full right and power to convey the 
same, that the title and premises so conveyed are clear and 
unincumbered; (if there are any exceptions to this state 
them) and further, that he will warrant and defend the same 
against all persons whomsoever." Provided, nevertheless, that 
whereas the said A. B., has executed and delivered unto the 
said C. D., a certain (bond, promissory note, or as the case 
may be) bearing even date herewith (then proceed to further 
describe it so that It may be identified with certainty, or if 
short, a copy of it may be here inserted, the fact being stated 
that it is a copy). 

Now if the said A. B., his heirs, executors, administrators 

or assigns shall pay said debt or sum of dollars and 

interest which shall accrue thereon to the said C. D., his heirs 
or assigns, according to the tenor thereof, then this mort- 
gage shall be void. 

In witness thereof, the said A. B has hereunto set 

his hand and seal this .... day of in the year of our 

Lord A. B. (seal) 

Signed and acknowledged in presence of 

E. F. 

G. H. 

State of Georgia, county of , ss : 

I, (name and official character) in and for said county, in 

the state aforesaid, do hereby certify that and 

his wife, to me personally known, came before me and ac- 
knowledged that the within deed was executed and deliv- 
ered, as it purports, by them. 

Witness my hand and seal this day of , 19. . 

(Name and official character.) 



314 INSTRUCTION IN REAL ESTATE 

STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 
Chattel mortgages must be witnessed by a notary public and 
recorded and are applicable to all kinds of personal property. 

CHATTEL MORTGAGE. 

Know all men by these presents, that residing in 

county of state of , party of the first 

part, being justly indebted to , residing in .,...., 

party of the second part, in the sum of .... dollars, which 
is hereby confessed and acknowledged, has, for the purpose 
of securing the payment of said debt, granted, bargained, sold 
and mortgaged, and by these presents does grant, bargain, 
sell and mortgage unto the said party of the second part, 
his heirs, executors, administrators and assigns, all that cer- 
tain personal property described as follows, to wit: (Describe 
it and state where it is and in whose possession), all of which 
property the party of the first part covenants is free and 
clear from all liens and emcumbrances, (here mention 
Exemptions, if any) and the said party of the first part for 
himself, his heirs, executors, and administrators, all and sin- 
gular, the goods, chattels and personal property above bar- 
gained and sold, unto the said party of the second part, his 
executors adminstrators and assigns, against him the said 
party of the first part, and against all and every other person 
or persons, whomsoever, shall and will warrant and forever 
defend. 

To have and to hold, all and singular, said goods and 
chattels, unto the said party of the second part his heirs, exec- 
utors, administrators and assigns, forever; provided, always, 
and these presents are upon this express condition: That if 
the said party of the first part shall pay or cause to be paid 
unto the said party of the second part, his heirs or assigns, 
the sum of .... dollars, according to the conditions of two 
(or as the case may be) certain promissory notes, executed 

by payable to at viz., $...., dated 

due with interest at .... per cent, per annum, 



AND FIRE INSURANCE. 31 5 

until paid (or omitting all after ''promissory notes" and 
inserting "of which the following are copies" and then insert 
copies, or if the indebtedness is not represented by promis- 
sory notes, its character may be otherwise indicated). Then 
these presents to be void and of no efifect. And as long as 
the conditions of this mortgage are fulfilled, the said party 
of the first part is to remain in peaceful possession of said 
property, and in consideration thereof agrees to keep said 
property in as good condition as it now is, at the cost and 
expense of said first party. 

In witness whereof, the said party of the first part has here- 
unto set his hand and seal, this day of , A. D., 

19. . (seal) 

Signed and delivered in the presence of 



State of Georgia, county of , ss : 

I, (name and official character) in and for said county, in 

the state aforesaid, do hereby certify that and : 

his wife, to me personally known, came before me and 
acknowledged that the within deed was executed and deliv- 
ered, as it purports, by them. 

Witness my hand and seal this day of , tq. . 

(Name and official character.) 



LOCAL LAW RELATING TO BILLS OF SALE. 

Bills of sale of personality need not be witnessed or 
recorded. They may be recorded but the record does not fur- 
nish legal notice, either actual or implied, of the fact of sale. 

BILL OF SALE FORM. 

Know all men, by these presents, that I, A. B., of , 

in consideration of the sum of .... dollars to me in hand 
paid by C. D., of the same place, at and before the ensealing 
and delivering of these presents, the receipt whereof I do 
hereby acknowledge, (or if the consideration be different 



3l6 INSTRUCTION IN REAL ESTATR 

state it), have bargained, sold, released, granted, and con- 
firmed, and by these presents, do bargain, sell, release, grant, 
and confirm, nnto the said C. D., all the following goods, 
household stuff, and implements of household, (or as the case 
may be) (here describe each article so it can be identified) 
now remaining and being (mention where they are) to have 
and to hold all and singular the said goods and chattels, etc., 
and every one of them, by these presents bargained, sold, re- 
leased, granted, and confirmed, unto said C. D., his heirs, 
executors, administrators, and assigns, to his and their only 
proper use and behalf forever. 

Witness my hand and seal, this fourth day of , A. D., 

19. . A. B. (seal) 

Signed, sealed and delivered in presence of 

E. G. 

A. R. 

STATUTE LAW RELATING TO LANDLORD 
AND TENANT. 

For rent due, personal property while on the premises 
leased, including stock and growing crops, may be distrained 
either before or after the termination of the lease. 

He may require any amount due him by the landlord to be 
set off against the rent. 

A tenant whose term has expired may be ousted after three 
days' notice. A tenant at will must have sixty days' notice 
from the landlord. 

A tenant at will must give his landlord thirty days' notice 
of his intention to vacate. 

LEASE FORM. 

This indenture made and executed this .... day of 

A. D., 19. ., between of , of the first part, and 

of , of the second part, witnesseth that in con- 
sideration of the rents and covenants hereinafter expressed, 
the said party of the first part has demised and leased, and 
does hereby demise and lease to the said party of the second 



AND FIRE INSURANCE. 317 

part the following premises, viz.: (describe them) 

with the privileges and appurtenances, for and during a term 

of from the .... day of , 19. . , which term will 

end And the said party of the second part covenants 

that he will pay to the party of the first part, for the use of 
said premises, the yearly rent of .... dollars ($....), to be 
paid monthly in advance in equal installments, without 
demand therefor being made by the party of the first part. 

And provided, said party of the second part shall fail to 
pay said rent, or any part thereof, when it becomes due, it is 
agreed that said party of the first part may sue for the same, 
or re-enter said premises, or resort to any legal remedy. 

The party of the part agrees to pay all taxes to be 

assessed on said premises during said term 

The party of the second part covenants that at the expira- 
tion of said term he will surrender up said premises to the 
party of the first part in as good condition as now, necessary 
wear and damage by the elements excepted. 

Witness the hands and seals of the said parties the day and 
year first above written. A. B. (seal) 

C. D. (seal) 

Signed, sealed and delivered in presence of 

E. R 

G. H. 

Note. Leases should be made in duplicate, one for each 
l)arty. 

EXEMPTION AND HOMESTEAD LAWS. 

The head of every family may on application have set apart 
$1600 worth of realty and personalty. This is called the con- 
stitutional homestead. It may be waived in writing and must 
be appraised, etc. 

The head of every family may on application have set apart 
$500 worth of realty and personalty to be selected by him- 
self. This may also be waived in writing, but cannot be levied 
on except for taxes or purchase money or for removing in- 
cumbrances or for improvements done thereon. There is a 



3l8 INSTRUCTION IN REAL ESTATE 

$300 homestead that cannot be waived. It can only be sub- 
ject to levy and sale for taxes. 

Sewing machine, family Bibles, portraits, provisions, etc., 
are not subject to levy and sale. 

STATUTE LAW RELATING TO FENCES. 
Whether cattle owner must fence his cattle in, or the land 
owner must fence them out, is determinable by popular vote 
in the several counties. 

STATUTE LAW RELATING TO LIMITATION. 

Suits against executors and administrators, guardians, or 
trustees, except on their bonds, must be brought within ten 
years. 

Action for damages to realty or personalty must be brought 
within four years. 

DECEDENT'S DEBTS. 
All the estate of a decedent, real or personal, is liable for 
the payment of his debts. Order of preference in payment 
is as follows: i. A year's support for the family; amount of 
which is determined by appraisers according to station in life 
of such family. This provision not allowed out of crops of 
decedent growing at time of his death until after special lien 
of landlord in such crops for lands rented or supplies fur- 
nished that year is satisfied. 2. Funeral expenses to corre- 
spond with the circumstances of the deceased in life, includ- 
ing the physician's bill and expenses of the last sickness. 3. 
The necessary expenses of administration. 4. Unpaid taxes, 
or other debts due the state or the United States. 5. Debts 
due by the deceased as executor, administrator or guardian 
for the estate committed to him as such, or any debt due by 
the deceased as trustee, having had actual possession, con- 
trol and management of the trust property. 6. Judgments, 
mortgages and other liens, created during the life of the 
deceased, and to be paid according to their priority of lien. 
Mortgages and other liens on specific property to be preferred 



AND FIRE INSURANCE. 3T9 

only SO far as such property extends. 7. Debts due for 
rent. 8. All liquidated demands, including foreign judg- 
ments, dormant judgments, bonds and all other obligations in 
writing for the payment of money, promissory notes, and 
all debts the amount due on which was fixed and ascer- 
tained or acknowledged in writing prior to the death of 
the decedent. 9. Open accounts. 

Claims against estate of a decedent may be enforced at 
any time within the period of limitation applicable to such 
claims ; and in the event the estate has been distributed in 
ignorance of their existence the heirs at law or legatees may 
be compelled to contribute pro rata to their payment to the 
extent they may have taken under the will or in the distribu- 
tion. Executors and administrators are exempt from suit 
for twelve months from their qualification. 

STATUTE LAW RELATING TO DESCENT AND 
DISTRIBUTION WHEN NO WILL IS LEFT. 

A decedent's estate not disposed of by will vests or is dis- 
tributed as follows: i. Upon the death of the husband with- 
out lineal descendants, the wife is the sole heir, and upon 
payment of his debts may take possession of his estate with- 
out administration. Upon the death of the wife the husband 
is her sole heir, and upon payment of lier individual debts may 
take possession of her estate without administration unless a 
child or children also survive her, in which case the estate 
shall be equally divided between the husband and children 
per capita; the descendants of children taking per stirpes. 
2. Whenever the husband or widow of a deceased person 
shall be under age of twenty-one years, and entitled to a share 
in the estate of such husband or wife, he or she shall be en- 
titled to take and hold such share without the intervention of 
a guardian. 3. If there are children or those representing 
deceased children, the wife shall have a child's part unless 
the shares exceed five in number, in which case the wife shall 
have one-fifth of the estate. The wife may take as dower 
one-third of the realty of which her husband was seized and 



320 INSTRUCTION IN REAL ESTATE 

possessed at the time of his death. If the wife elects to take 
dower she has no further interest in the realty. 4. Children 
stand in the first degree from the intestate, and inherit equally 
all property of every description, accounting for advancements. 
Posthumous children stand upon the same footing with chil- 
dren in being, upon all question of inheritance. The lineal 
descendants of children stand in the place of their deceased 
parents and take per stirpes. 5. Brothers and sisters of the 
intestate stand in the second degree and inherit if there is 
no widow, or child, or representative of child. The half 
blood on the paternal side inherit equally with the whole 
blood. If there be no brother or sister of the whole or 
half blood on the paternal side, then those of the half blood 
on the maternal side shall inherit. The children and grand- 
children of brothers and sisters deceased shall represent and 
stand in the place of their deceased parents, but there is no 
representation further than this among collaterals. 6. The 
father, if living, inherits equally with brothers and sisters 
and stands in the same degree. If there be no father, and the 
mother is alive she shall inherit in the same manner as the 
father would. 7. In all degrees more remote than the fore- 
going the paternal and maternal next to kin shall stand on an 
equal footing. 8. First cousins stand next in degree. Uncles 
and aunts inherit equally with cousins. 9. The more remote 
degrees shall be determined by the rules of the canon law as 
adopted and enforced in the English courts prior to the 
Fourth day of July, A. D., 1776. 

Upon the failure of known heirs an estate escheats to the 
state. 

Illegitimates have no inheritable blood except that given to 
them by express law. They may inherit from their mother, 
in the same manner as if legitimate. If a mother has legiti- 
mate and illegitimate children they shall inherit alike her es- 
tate. If an illegitimate dies leaving no issue or widow, his 
mother, brothers, and sisters inherit his estate equally. If 
there survive no widow, lineal descendant, or mother, 
or illegitimate brother or sister, but shall leave a brother or 



AND FIRR INSURANCE. 321 

sister of legitimate blood, they shall inherit. In default of any 
such person, the brothers and sisters of the mother of an 
illegitimate or their descendants or the maternal grandparents 
inherit in accordance with the rules of descent and distri- 
bution. 

DISTRIBUTION OF PROPERTY BY WILL. 

Every person of sound mind above the age of fourteen 
years may make a will ; and a lunatic may make one in a lucid 
interval, and so may a monomaniac if the will be not con- 
nected with or the result of the monomania. All wills (except 
nuncupative wills) disposing of realty or personalty must be 
in writing, signed by the party making the same, or by some 
other person in his presence and by his express direction, and 
shall be attested and subscribed in the presence of the testa- 
tor by three or more competent witnesses. All property may 
pass by the nuncupative will. But such wills must be proved by 
the oath of at least three competent witnesses, and must be 
made in the last sickness of the deceased and in the house 
of his habitation or dwelling, or where he had been resident 
for the space of ten days or more next before the making, 
unless he be surprised or taken sick away from home and die 
before returning. It is also necessary that the testator call 
the persons present to hear witness that such was his will. 
The substance of such will must be reduced to writing within 
thirty days after it is made and application for its probate 
must be made within six months after the death of the testator. 

The marriage of the testator or the birth of a child to him 
subsequent to the making of a will, in which no provision is 
made in contemplation of such an event, revokes the will. 

No person leaving a wife or child, or descendants of child 
shall by will devise more than one-third of his estate to any 
charitable, religious, educational or civil institution to the 
exclusion of such wife or child, and in all cases the will con- 
taining such devise must be executed at least ninety days 
before the death of the testator, or such devise will be void. 

Wills must be probated in the county of the residence of 



322 INSTRUCTION IN REAL ESTATE 

the testator and may be in common or solemn form. In the 
first case, upon the testimony of a single subscribing witness 
and without notice to any one the will may be proven and 
admitted to record. But such probate is not conclusive on 
any one interested adversely to the will. Probate in common 
form becomes conclusive on any one interested after the ex- 
piration of seven years from the time of probate, except minor 
heirs at law who may interpose a caveat at any time within 
four years after arrival at age. Probate in solemn form is 
where after due notice to all of the heirs at law will is proven 
by all the witnesses in existence and within the jurisdiction 
of the court, or by proof of their signatures and that of the 
testator the witnesses being dead, and ordered to record. 
Such probate is conclusive upon all the parties notified and 
all the legatees under the will who are represented in the 
executor. 

NOTARY PUBLIC. 

Applicant must be a citizen of the United States, 21 years 
old, or an attorney, and of good character. Appointment is 
made by the Judges of the Superior Courts to whom appli- 
cation should be made. Fee, $2. Term of office, four years. 

Fees — Protesting and notice on $200 or less, 50 cents; $200 
to $1000, $1; $1000 to $3000, $2; over $3000, $3. Above 
includes noting, protesting and giving notice, copies and all 
evidence of debt; administering an oath, 30 cents; taking 
acknowledgments, 50 cents. 

LAWS CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 
Acknowledgents of deeds made out of the state to land or 
personalty, also mortgages, must be attested by or acknowl- 
edged before a commissioner of deeds for the state of 
Georgia, or a consul or vice-consul of the United States, the 
certificate of these officials under their seal being evidence 
of the fact, or by a judge of a court of record of the state 
where executed, with a certificate of the clerk of such court. 



AND FIRE INSURANCE. 323 

itiider the seal of the court of the genumeness of the judge's 
signature, or by a clerk of a court, or by a notary public of a 
state and county where executed, with the seal of his office 
attached, and if such notary has no seal then his official char- 
acter shall be certified by a clerk of a court of record in the 
county of his residence. The deed must be attested by two 
witnesses. 

IDAHO. 
STATUTE LAW RELATING TO DEEDS. 
If a deed be not recorded, holder need not be made party 
in suit, and are bound by all decrees and judgments. They 
are valid without witnesses but two are usual. The husband 
can convey all common property, except the homestead or 
actual residence, without signature of wife. Wife must 
acknowledge instrument separate and apart from husband. 

STATUTE LAW RELATING TO MARRIED WOMEN. 

A mortgage or conveyance of her realty is void unless her 
husband join therein, and she cannot be legally bound as 
surety, guarantor or accommodation endorser, but she may 
not sue her husband except for divorce or to protect her sep- 
arate property when he has deserted and separated himself 
from her without sufficient cause, or neglected or refused to 
support her, nor may he sue her except under like circum- 
stances, excluding the matter of support. If a wife be insane, 
by proper proceedings in court and giving security, the hus- 
band may have her estate placed in his care. 

The husband is liable for the support of his family, but if 
the wife order necessaries for the family, both may be sued 
and collection enforced against the wife's property if the hus- 
band do not have sufficient. 

Married women retain the ownership of all property ac- 
quired before marriage, and all acquired afterwards by gift, 
bequest, devise or descent. Husband has control of wife's 
property, but no sale of it can be made, or lien placed thereon, 
save by instrument executed by both. 



324 INSTRUCTION IN REAL ESTATE 

The wife shall execute and file with the recorder of the 
county a complete inventory of her separate property. 

A married woman may become a sole trader by decree of 
the district court. 

WARRANTY DEED. 

This indenture made the day of , in the year 

of our Lord one thousand and nine hundred and , 

between J. J., of the city of , in the state , and 

Mary, his wife, parties of the first part, and W. B., of , 

and state aforesaid, of the second part; witnesseth, that the 
said parties of the first part, for and in consideration of the 
sum of .... dollars, lawful money of the United States of 
America, to them in hand paid by the said party of the sec- 
ond part, at and before the ensealing and delivery hereof, 
the receipt whereof they do hereby confess and acknowledge, 
ha. . granted, bargained, sold, remised, released, aHenated, 
and confirmed, and by these presents do grant, bar- 
gain, sell, remise, release, alienate and confirm unto the said 

part of the second part, and to .... heirs and assigns 

forever, all the following described lot. . piece or parcel of 
land, situated in the county of Blaine, and state of Idaho, 
known and described as follows, to wit : 

Together with all and singular the hereditaments and 
appurtenances thereunto belonging, or in any wise appertain- 
ing, and the reversion and reversions, remainder and remain- 
ders, rents, issues and profits thereof; and all the estate, right, 
title, interest, claim or demand whatsoever, of the said part 
... .of the first part either in law or equity, of, in and to 
the above bargained premises wnth the hereditaments and 
appurtenances. 

To have and to hold the said premises above bargained 
and described, with the appurtenances, unto the said part 
of the second part, heirs and assigns forever. 

And the said part .... of the first part, for .... heirs, 
executors and administration do .... covenant, grant, bar- 
gain and agree to and with the said part .... of the second 



AND FJRE INSURANCE. 325 

part heirs and assigns, that at the time of signing and 

deHvery of these presents well seized of the premises 

above conveyed, as of a good, sure, perfect, absoUite and in- 
defeasible estate of inheritance in law fee simple, and ha. . 
good right, fnll power and law fid authority to grant, bar- 
gain, sell and convey the same in manner and form afore- 
said ; and that the same are free and clear of all former or 
other grants, bargains, sales, liens, taxes, assessments and 
incumbrances, of what kind or nature soever ; and the above 
bargained premises in the quiet and peaceable possession of 
the said part of the second part heirs and as- 
signs, against all and every person or persons lawfully claim- 
ing or to claim the whole or any part thereof, the said part 

of the first part shall and will warrant and forever 

defend. 

In witness whereof, the said parties of the first part have 
hereunto set their hands and seals, the day and year first above 
written. 

J. J. (seal.) 
Mary J. (seal.) 

Signed, sealed and delivered in the presence of 
E, A. 
R. M. 
State of Idaho, County of ss : 

On this day of A. D., 19. . . , before me 

(here insert name and official character of the officer taking 
the acknowledgment) in and for said county, personally ap- 
peared and his wife, known to me (or 

proved to me on the oath of ) to be the persons 

whose names are subscribed to the within instrument, and 
acknowledged to me that they executed the same, and the 

said above described as a married woman, upon an 

examination without the hearing of her husband, I made her 
acquainted with the contents of the instrument, and there- 
upon she acknowledged to me that she executed the same 
and that she does not wish to retract such execution. 



326 INSTRUCTION IN REAL ESTATE 

In testimony whereof, I have hereunto set my hand and 
official seal on the day and year in this certificate above writ- 
ten. 

(Name and official character.) 



MORTGAGE FORM. 

This indenture witnesseth that A. B., of party of 

the first part, (if the mortgage is that of a married man and 
the wife joins, as is commonly the case, to extinguish her 
dower or other rights, insert ''and Mary B., his wife" and 
make other corresponding changes below. If the land mort- 
gaged belongs to a married woman insert "and , her 

husband," and make other necessary changes below,) in con- 
sideration of dollars to him paid by C. D., party of 

the second part, the receipt whereof is hereby acknowledged, 
does hereby give, grant, bargain, sell, release, convey and con- 
firm to the said C. D., his heirs (''successors'' instead of 
"heirs" if mortgage is to a corporation) and assigns forever 

the following described premises, situate in the of 

county of and state of , (describe 

it so that it may be accurately identified) and all the right, 
title and interest of the said A. B. either in law or equity, in 
and to the said premises ; together with all the appurtenances 
to the same belonging. To have and to hold the same unto 
the said C. D., his heirs and assigns forever, and the said 
A. B., for himself and his heirs, executors and administrators, 
hereby covenants with the said C. D., his heirs and assigns 
that he, the said A. B., is lawfully seized of the said premises, 
in fee simple, and has full right and power to convey the same, 
that the title and premises so conveyed are clear and unincum- 
bered; (if there are any exceptions to this state them) and 
further, that he will warrant and defend the same against 
all claim or claims of all persons whomsoever. Provided, 
nevertheless, that whereas the said A. B., has executed and 
delivered unto the said C. D., a certain (bond, promissory 
note, or as the case may be) bearing even date herewith (then 



AND FIRE INSURANCE. 327 

proceed to further describe it so that it may be identified with 
certainty, or, if short, a copy of it may be here inserted, the 
fact being stated that it is a copy). 

Now if the said A. B., his heirs, executors, administrators 

or assigns shall pay said debt or sum of dollars and 

interest which shall accrue thereon to the said C. D., his 
heirs or assigns, according to the tenor thereof, then this 
mortgage shall be void. 

In witness thereof, the said A. B has hereunto 

set his hand and seal this day of in the 

year of our Lord .... 

A. B. (seal.) 

Signed and acknowledged in presence of 
E. F. 
G. H. 

19... 

State of Idaho, County of , ss : 

On this day of A. D., 19. . . , before me, 

(here insert name and official character of the officer taking 
the acknowledgment) in and for said county, personally ap- 
peared and his wife, known to me (or 

proved to me on the oath of ) to be the persons 

whose names are subscribed to the within instrument, and 
acknowledged to me that they executed the same, and the 

said above described as a married woman, upon an 

examination without the hearing of her husband, I made her 
acquainted with the contents of the instrument, and there- 
upon she acknowledged to me that she executed the same 
and that she does not wish to retract such execution. 

In testimony whereof, I have hereunto set my hand and 
official seal on the day and year in this certificate above writ- 
ten. 

(Name and official character.) 



Note. Use same form for unmarried persons omitting the 
portion relating to the wife. 



328 INSTRUCTION IN REAL ESTATE 

STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 
Chattel mortgages must be recorded to protect the mort- 
gagee. Chattel mortgage may be made upon all property, 
goods or chattels not defined by statute to be real estate. 

CHATTEL MORTGAGE. 

Know all men by these presents, that residing in 

county of state of party of the 

first part, being justly indebted to residing in 

party of the second part in the sum of dollars which 

is hereby confessed and acknowledged, has for the purpose 
of securing the payment of said debt granted, bargained, sold 
and mortgaged, and by these presents does grant, bargain, 
sell and mortgage unto the said party of the second part and 
his assigns, all that certain personal property described as fol- 
lows, to wit: (Describe it and state where it is and in whose 
possession), all of which property the party of the first part 
covenants is free and clear from all liens and encumbrances, 
(here mention Exemptions, if any) and the said party of the 
first part for himself and his assigns, all and singular, the 
goods, chattels and personal property above bargained and 
sold, unto the said party of the second part and his assigns, 
against him the said party of the first part, and against all 
and every other person or persons, whomsoever shall and will 
warrant and forever defend. 

To have and to hold, all and singular said goods, and chat- 
tels, unto the said party of the second part and his assigns, 
forever; provided, always, and these presents are upon this 
express condition : That if the said party of the first part shall 
pay or cause to be paid unto the said party of the second part 

or his assigns the sum of dollars, according to the 

conditions of two (or as the case may be) certain promissory 

notes, executed by payable to at 

viz. v$ Dated due with interest at 

])er cent, per annum, until paid (or omitting all after 

''promissory notes" and inserting "of which the following are 



AND FIRE INSURANCE. 329 

copies and then insert copies, or if the indebtedness is not 
represented by promissory notes its character may be other- 
wise indicated.) Then these presents to be void and of no 
effect. And as long as the conditions of this mortgage are 
fulfilled, the said party of the first part is to remain in peace- 
ful possession of said property, and in consideration thereof 
agrees to keep said property in as good condition as it now is 
at the cost and expense of said first party. 

In witness whereof, the said party of the first part hereunto 

sets his hand and seal this day of A. D., 

19... 

(seal.) 

Witness, 



State of Idaho, County of Blaine, ss : 

the mortgagor being duly sworn for 

says that he is the grantor in the foregoing mort- 
gage, that the same is made in good faith and without any 
design to hinder, delay or defraud any creditor or creditors. 



Subscribed and sworn to before me, this day of 

19.-. 



STATUTE LAW RELATING TO BILLS OF SALE. 
Bill of sale of personalty is good between the parties there- 
to, but not as to third parties, such as creditors of the seller 
if he retain possession. 

BILL OF SALE FORM. 

Know all men by these presents, that I, A. B., of , 

in consideration of the sum of dollars to me in hand 

paid by C. D., of the same place, at and before the ensealing 
and delivering of these presents, the receipt whereof I do 
hereby acknowledge, (or if the consideration be different 
state it,) have bargained, sold, released, granted, and con- 
firmed, and by these presents, do bargain, sell, release, grant, 



330 INSTRUCTION IN REAL ESTATE 

and confirm, unto the said C. D., all the following oroods, 
household stuff, and implements of household, (or as the case 
may be) (here describe each article so it can be identified) 
now remaining and being (mention where they are) to have 
and to hold all and singular the said goods and chattels, 
etc., and every one of them, by these presents bargained, 
sold, released, granted, and confirmed, unto the said C. D., 
his heirs, executors, administrators, and assigns, to his and 
their only proper use and behalf forever. 

Witness my hand and seal, this fourth day of , 

A. D., 19... 

Signed, sealed and delivered in presence of 

E. G. 

A. R. 

A. B. (seal.) 

STATUTE LAWS RELATING TO LANDLORD AND 

TENANT. 

A landlord must give three days' notice to quit before he 
can expel his tenant by reason of expiration of term of lease. 
He may expel him for non-payment of rent due, must give 
three days' notice, and the procedure may be superseded by 
the tenant any time before he is ousted by payment of rent 
due and costs and rent accrued and to accrue and taking an 
appeal to the court. 

A lease not in writing and signed by the lessor, if for more 
than one year, will have the effect of creating a tenancy at 
will only. Tenant at will must have thirty days' notice. 

LEASE FORM. 

This indenture made and executed this day of 

A. D., 19. . . , between of , of the 

first part, and of , of the second part, wit- 

ncsseth that in consideration of the rents and covenants here- 
inafter expressed, the said i)arty of the first part has demised 
and leased, and does hereby demise and lease to the said 
party of the second part the following premises, viz. : 



AND FIRE INSURANCE. 33t 

(describe them) with the privileges and appurtenances, for 

and during a term of from the day of 

19. . ., which term will end And the said party of 

the second part covenants that he will pay to the party of the 
first part, for the use of said premises, the yearly rent of 

dollars ($ ), to be paid monthly in advance 

in equal installments, without demand therefor being made 
by the party of the first part. 

And provided, said party of the second part shall fail to 
pay said rent, or any part thereof, wdien it becomes due, it is 
agreed that said party of the first part may sue for the same, 
or re-enter said premises, or resort to any legal remedy. 

The party of the part agrees to pay all 

taxes to be assessed on said premises during said term .... 

The party of the second part covenants that at the expira- 
tion of said term he will surrender up said premises to the 
party of the first part in as good condition as now, necessary 
wear and damage by the elements excepted. 

Witness the hands and seals of the said parties the day 
and year first above written. 

A. B. (seal.) 
C. D. (seal.) 

Signed, sealed and delivered in presence of 
E. F. 
G. H. - 

Note. Leases should be made in duplicate, one for each 
party. 

EXEMPTION AND HOMESTEAD LAWS. 
By filing declaration of homestead the debtor is entitled to 
a homestead to the value of $5000, real estate, against debts 
based on contracts (such as sale, loan, lease, etc.) if the 
benefit of the exemption laws be not waived by the debtor. 
Personal property worth $300 is exempt, and will be applied 
and set aside on demand. If real estate is worth more than 
$5000 and cannot be divided off without spoiling the tract, 
the whole will be appraised and he will be paid from proceeds 



3.^2 tNSTRTTCTION IN REAL ESTATK 

of sale. He cannot take real estate against a debt for unpakl 
purchase money therefor. Sewing machines of seamstresses 
and private families and wearing apparel of the family and 
Bibles and school books in use therein are also exempted, as 
well as pianos, melodians and organs, sewing machines or 
typewriters leased or hired, if the owner give notice to the 
landlord or his agent before the rent has accrued of the leas- 
ing or hiring. Thirty days' earnings of judgment debtors are 
exempt for benefit of his family. All life insurance upon the 
Hfe of debtors is exempt. 

STATUTE LAW RELATING TO FENCES. 

A land owner must fence cattle out, but not hogs. The 
owner must fence hogs in. 

Lawful fence four and one-half feet high, bottom board, 
rail, pole or wire, must not be over twenty inches from the 
ground and space between top and bottom rail must be well 
divided. Partition fences must be maintained by adjoining 
owners and in case of disagreement viewers are selected 
to settle the dispute. 

STATUTE LAW RELATING TO LIAIITATION. 

Suite to recover land must be brought within five years 
after the right accrued to the claimant or his predecessors in 
title. 

DECEDENT'S DEBTS. 

Order of preference: i. Funeral expenses. 2. Medicine 
and medical attendance during decedent's last illness. 3. 
Debts having preference by the laws of the United States ; 
judgments rendered against the decedent in his lifetime, and 
mortgages in the order of their date. As against real estate, 
however, liens, such as judgments and mortgages take pref- 
erence to any of the above. 4. All other demands against 
the estate. 



AND FIRE INSURANCE. 333 

STATUTE LAW RELATING TO DESCENT AND 
DISTRIBUTION WHEN NO WILL IS LEFT. 

A decedent's estate not disposed of by will or limited by 
marriage settlement, after payment of debts and legal charges 
for settling, vests as follows : 

A widow, if there be issue, takes one-half absolutely, and 
if there be no issue, goes to descendants and heirs of husband. 

When the estate is less than $1500. the court, after due 
notice to all creditors, shall if deemed necessary by decree, 
for that purpose, assign for the use of the widow and minor 
children, all the estate remaining after the expenses of the 
last sickness of the deceased have been paid, together with 
funeral charges and expenses of administration. 

If the Avife dies, the husband without administration 
takes the common property. 

Descendants and relatives of an intestate begotten before 
his death but born after, take as if born in his lifetime. Noth- 
ing above set forth prevents an intestate in his lifetime advanc- 
ing to a child part or all of his or her share. 

The foregoing does not apply to illegitimates, but an illegiti- 
mate child takes and is known by the name of its mother and 
its issue and mother and grandmother respectively take and 
inherit personalty and realt}-, and transmit the same according 
to the intestate laws, and illegitimates born of the same 
mother leaving neither mother nor issue take and inherit from 
each other. 

The disposition of all other estate is as follows : One-half 
to surviving husband or wife, and one-half to child. But if 
there is more than one child, then two-thirds go to children. 
If there are no children, one-half of the estate goes to father 
and mother, equally. If there be no father or mother, estate 
goes to brothers and sisters, and children of deceased brother 
and sister. If deceased leaves no issue, nor father, nor 
mother, brother, nor sister, the surviving husband or wife 
takes the entire estate, and in default of all such heirs, the 
estate goes to next of kin^ beginning with the nearest ancestor. 



334 INSTRUCTION IN REAL ESTATE 

If there be no survivor or heirs of kin, as provided aforesaid, 
estate goes to the state treasury for the benefit of the pubhc 
schools. 

DISTRIBUTION OF PROPERTY BY WILL. 

Every person of sound mind i8 years old may dispose of 
his or her real or personal property by w^ill in writing, which, 
unless the person making the same shall be prevented by the 
extremity of his last sickness, shall be signed at the end 
thereof by himself or by some person in his presence by his 
express direction. The will must be proved by the oaths or 
affirmations of two or more competent witnesses. Except in 
case of nuncupative or holographic wills, two subscribing wit- 
nesses are required, who must sign at the end of the will in 
presence of each other, and of the maker of the will, and at 
his request, the testator also signing in presence of the wit- 
nesses and declaring to them that the instrument is his will. 
But these formalities are not necessary if the will is nuncupa- 
tive or holographic. 

If there are no subscribing witnesses to an olographic will, 
that is, wills written entirely by the testator, proof of the 
testator's signature by witnesses who are acquainted there- 
with will be sufficient. A testator may sign by making his 
sign or cross. Growing crops in lands held by a widow in 
dower or by other life tenant may be disposed of by will as 
other personalty, also rents and other periodical payments 
accrued to a life tenant or to any person entitled under laws 
regulating the descent and partition of real estate. 

Personal estate may be bequeathed by nuncupative will 
made during the last sickness in the testator's habitation or 
dwelling or where he has resided for ten days or more next 
before the making of such will, also in case he be surprised 
by sickness while away from his own home and shall die 
before returning thereto, if it shall be proved that the testa- 
tor at the time of pronouncing the bequest did bid the persons 
present or some of them to Ix'ar witness that such was his 
will or to that effect; and in all .case the foregoing requisites 



AND FIRE INSURANCE. 335 

shall be proved by two or more witnesses who were present 
at the making of the will. 

A devise of real estate to a person withont referring to 
his heirs or using words of inheritance or perpetuity passes 
all of the estate of the testator therein, unless a contrary 
intent appear. The real estate acquired by a testator after 
making his will shall pass by a general devise, unless a con- 
trary intention be manifest on the face of the will. If there 
be a devise or legacy in favor of a child or other lineal de- 
scendant, or when there is no lineal descendant, in favor of a 
brother or sister or the children of a deceased brother or 
sister, it shall not lapse or become void by reason of the 
devisee or legatee dying in lifetime of the testator, provided 
such devisee or legatee leave issue surviving the testator, and 
in such case the issue will take the devise or legacy. If any 
person make a last will and testament and afterwards marry 
or have a child or children not provided for in such will, 
and die, such widow and child shall share in his estate as if 
no will had been made whether such child was born before 
or after his death. If a single woman make a will and marry, 
it is thereby revoked. A husband may take what is given to 
him under his wife's will, or he may take the same interest in 
her estate, real and personal, that would be allowed a ^A^idow 
under the intestate laws, or he may take alone a life estate in 
the whole of her realty. No real or personal property shall 
be bequeathed, devised or conveyed unless for a valuable con- 
sideration, for religious or charitable uses, except by deed 
or will attested by two creditable disinterested witnesses at 
least thirty days before the decease of the testator or 
grantor, but such devises or bequests shall not collectively 
exceed one-third of the estate of any testator leaving lineal 
descendants. Thirty days is the limitation as to devises and 
bequests, to charitable and benevolent uses. Wills take effect 
as if executed immediately before the testator's death, unless 
a contrary intent appears. 

The probate or refusal of probate of a will if not contested 
within three years is conclusive as to real estate. 



336 INSTRUCTION IN REAL ESTATE 

NOTARY PUBLIC. 
Applicant must be a citizen and a resident of county. 
Application should be made to the Secretary of State who 
will notify when to appear and take oath of office. Appoint- 
ment is made by the Governor. Fee, $10. Term of office, 
four years. $1000 bond required. Fees — Protesting, $3; 
serving action of notice of protest, $1 ; recording protest, 50 
cents ; administering oath, 25 cents ; taking acknowledg- 
ments, 50 cents. 

LAWS CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 
Acknowledgments made out of the state, of deeds, mort- 
gages and other instruments concerning land for recording 
in Idaho may be made before a notary public in this or any 
other country, or before any officer or magistrate in the United 
States authorized to take acknowledgments by the local law, 
but if he be not a notary, a judge or clerk of a court of record, 
a certificate of his authority so to act must be added by the 
recorder of the county where he resides. They may also be 
made in foreign countries before ambassadors or other United 
States officers exercising ministerial functions. 

ILLINOIS. 
STATUTE LAW RELATING TO DEEDS. 

Livery of Seisin is abolished. Any instrument entitled to 
be recorded takes effect from the time of filing for record 
as to creditors and subsequent purchasers, and as to such 
parties the instrument is void until so filed, unless they have 
actual notice thereof. A scroll seal is sufficient to any instru- 
ment of writing required to be under seal. 

Attesting witnesses are not necessary to give validity to an 
instrument or conveyance but acknowledgment by proper 
parties is necessary to render a deed valid as to third parties. 
Even though an instrument be defective in manner or form 
of execution, it is notice to subsequent purchasers and cred- 
itors, from the time of filing. 



AND FTRF. INSURANCE. 337 

STATUTE LAW RELATING TO MARRIED WOMEN. 
A married woman has the same right in regard to her own 
property and to contract, sue and be sued the same as if 
single. Both husband and wife must join in conveyance or 
mortgage of real estate. 

WARRANTY DEED. 

The grantors of the in the county of 

and state of for and in consideration of 

dollars, in hand paid, convey and warrant to 

of the county of and state of 

the following described real estate, to wit : 

Situated in the county of in the state of Illinois, 

hereby releasing and waiving all rights under and by 
virtue of the homestead exemption laws of the state. 

Dated this day of A, D., 19. . 

Signed, sealed and delivered in the presence of 

(seal.) 

(seal.) 



State of Illinois, County of , ss : 

I, (name and official character) in and for said county, in 

the state aforesaid, do hereby certify that who 

personally knOwn to me to be the person. . whose 

name., subscribed to the annexed deed, appeared before 

me this day in person and acknowledged that 

signed, sealed and delivered the said instrument of writing 
as free and voluntary act, for the uses and pur- 
poses therein set forth. (If desired) including the release 
and waiver of the right of homestead, and right of dower. 

Given under my hand and official (or notarial) seal, this 

day of A. D., 19. . 

(Name and official character.) 



My commission expires 19. . 

Note. — The above is a short form deed. If longf form is 
desired, use the Wyoming form. 



*fe 



33^ INSTRUCTION IN REAL ESTATE 

MORTGAGE FORM. 

This indenture witnesseth that A. B., of , party 

of the first part, (if the mortgage is that of a married man 
and the wife joins, as is commonly the case, to extinguish 
her dower right or other rights, insert ''and Mary B., his 
wife," and make other corresponding changes below. If 
the land mortgaged belongs to a married woman insert 

''and , her husband," and make other necessary 

changes below,) in consideration of dollars to him 

paid by C. D., party of the second part, the receipt whereof 
is hereby acknowledged, does hereby give, grant, bargain, 
sell, release, convey and confirm to the said C. D., his heirs 
("successors" instead of "heirs" if mortgage is to a corpor- 
ation) and assigns forever, the following descn.bed prem- 
ises, situate in the of county of 

and state of , (describe it so that it may be accu- 
rately identified) and all the right, title and interest of the 
said A. B. either in law or equity, in and to the said 
premises ; together with all the appurtenances to the same 
belonging. To have and to hold the same unto the said 
C. D., his heirs and assigns forever, and the said A. B. for 
himself and his heirs, executors and administrators, hereby 
covenants with the said C. D., his heirs and assigns that 
he, the said A. B., is lawfully seized of the said premises in 
fee simple, and has full right and power to convey the 
same, that the title and premises so conveyed are clear and 
unincumbered ; (if there are any exceptions to this state 
them). And further, that he will warrant and defend the 
same against all claim or claims of all persons whomso- 
ever. Provided, nevertheless, that whereas, the said A. B., 
has executed and delivered unto the said C. D., a certain 
(bond, promissory note, or as the case may be) bearing 
even date herewith (then proceed to further describe it so 
that it may be identified with certainty, or, if short, a copy 
of it may be inserted, the fact being stated that it is a 
copy). 



AND FIRE INSURANCE. 339 

Now if the said A. B., his heirs, executors, administrators 

or assigns shall pay said debt or sum of dollars 

and interest which shall accrue thereon to the said C. D., 
his "heirs or assigns, according- to the tenor thereof, then 
this mortgage shall be void. 

And said A. B. hereby releases and waives all rights 
under and by virtue of the homestead exemption laws of 
the state of Illinois, and all right to retain possession of 
said premises after any default in payment or breach of 
any of the covenants or agreements herein contained. 

But it is expressly provided and agreed, that if default 
be made in the payment of the said promissory notes, or 
either of tHem, or any part thereof, or the interest thereon, 
or any part thereof, at the time and in the manner above 
specified for the payment thereof, or in case of waste or 
non-payment of taxes or assessments on said premises, or 
of any breach of any of the covenants or agreements herein 
contained, then and in such case the whole of said principal 
sum and interest, secured by the said promissory notes in 
this mortgage mentioned, shall thereupon, at the option of 
the said mortgagee or his heirs, executors, administrators, 
attorneys or assigns become immediately due and payable ; 
and this mortgage may be immediately foreclosed to pay 
the same by said mortgagee or his heirs, executors, admin- 
istrators, attorneys or assigns ; and it shall be lawful for the 
said mortgagee or his heirs, executors, administrators, 
attorneys or assigns, to enter into and upon the premises 
hereby granted, or any part thereof, and to receive and 
collect all rents, issues and profits thereof. And in case of 
the death or inability of mortgagee, then in that case the 
sheriff of said county and state in which the premises are 
situated shall be and he is hereby appointed and made 
successor for said mortgagee. 

Upon the filing of any bill to foreclose this mortgage in 
any court having jurisdiction thereof, such court may 

appoint . or any proper person receiver, with power 

to collect the rents, issues and profits arising out of said 



340 INSTRUCTION IN REAL ESTATE 

premises during the pendency of such foreclosure suit, and 
until the time to redeem the same from any sale that may 
be made under any decree foreclosing* this mortgage shall 
expire, and such rents, issues and profits when collected, 
may be applied toward the payment of the indebtedness 
and costs herein mentioned and described. And upon the 
foreclosure of said premises, there shall first be paid out 
of the proceeds of such sale all expenses of advertise- 
ment, selling and conveying said premises, and 

dollars attorney's or solicitor's fees, to be included, in the 
decree, and all moneys advanced for taxes, assessments, 
and other liens, then there shall be paid the principal of said 
notes, whether due and payable by the terms thereof or not, 
and the interest thereon. 

In witness whereof, the said A. B has hereunto 

set his hand and seal this day of in the 

year of our Lord 

A. B. (Seal.) 

Signed and acknowledged in presence of 
E. F. 
G. H. 
State of Illinois, County of , ss : 

I, (name and official character) in and for said county, 

in the state aforesaid, do hereby certify that who. . 

personally known to me to be the person. . . whose name. . . 
subscribed to the annexed deed, appeared before me this 

day in person and acknowledged that signed, 

sealed and delivered the said instrument of writing as 

free and voluntary act, for the uses and purposes 

therein set forth, (if desired) including the release and 
waiver of the right of homestead, and right of dower. 

Given under my hand and official (or notarial) seal, this 

day of A. D., 19. . 

(Name and official character.) 



My connnission expires 19 



Statute law relating to chattel 
mortgages. 

Chattel mortgages must provide for possession to remain 
in mortgagor or they are void and must be recorded with 
Justice of the Peace in townships where property is located, 
also with the county recorder and are good until maturity 
of obligation if within two years and can be extended two 
years more ])y filing affidavit thirty days before maturity. 
Mortgage of household goods is void unless joined in by 
both husband and wife. Notes secured by chattel mort- 
gage must so state on their face. 

CHATTEL MORTGAGE. 

Know all men by these presents, that residing 

in county of state of party of 

the first part, being justly indebted to , residing in 

, party of the second part, in the sum of 

dollars, which is hereby confessed and acknowledged, has, 
for the purpose of securing the payment of said debt, 
granted, bargained, sold and mortgaged, and by these 
presents does grant, bargain, sell and mortgage imto the 
said party of the second part his heirs and assigns, all that 
certain personal property described as follows, to wit : 
(Describe it and state where it is and in whose possession), 
all of which property the party of the first part covenants 
is free and clear from all liens and encumbrances, (here 
mention Exemptions, if any) and the said party of the first 
part for himself, his heirs, executors and administrators, all 
and singular, the goods, chattels and personal property 
above bargained and sold, unto the said party of the second 
part, his heirs and assigns, against him the said party of the 
first part, and against all and every other person or persons, 
whomsoever, shall and will warrant and forever defend. 

To have and to hold, all and singular said goods, and 
chattels, unto the said party of the second part, his heirs 
and assigns, forever; provided, always, and these presents 
are upon this express condition : That if the said party of 



342 INSTRUCTION IN RKAL ESTATE 

the first part shall pay or cause to be paid unto the said 
party of the second part, his heirs or assigns, the sum of 

dollars, according to the conditions of two (or as 

the case may be certain promissory notes, executed by 

.... payable to at viz. $ 

dated due with interest at per 

cent per annum, until paid (or omitting all after ''promis- 
sory notes" and inserting "of which the following are 
copies" and inserting copies, or if the indebtedness is not 
represented by promissory notes its character may be 
otherwise indicated.) Then these presents to be void and 
of no effect. And further provided, that until default be 
made by the said mortgagor in the performance of the con- 
dition aforesaid, it shall and may be lawful for him to 
retain the possession of the said goods and chattels, and to 
use and enjoy the same ; but if the same, or any part there- 
of, shall be attached or claimed by any other person or 
persons, at any time before payment, or the said mort- 
gagor, or any person or persons whatever, upon any pre- 
tense, shall attempt to carry off, conceal, make way with, 
sell or in any manner dispose of the same, or any part 
thereof, without the authority and permission of the said 
mortgagee, or his heirs, or assigns, in writing expressed, 
then it shall and may be lawful for the said mortgagee, with 
or without assistance, or his agent or attorney, or his heirs, 
executors, or administrators, to take possession of said 
goods and chattels, by entering upon any premises wher- 
ever the same may be, whether in this county or state, or 
elsewhere, to and for the use of said mortgagee, his heirs 
or assigns. And if the moneys hereby secured or the 
matters to be done or performed, as above specified, are 
not duly paid, done or performed at the time and according 
to the conditions above set forth, then the said mortgagee 
or his attorney, or agent, or his heirs, executors, adminis- 
trators or assigns, may by virtue hereof, and without any 
suit or process, immediately enter and take possession of 
said Q-oods and chattels, and sell and dispose of the same at 



AND FIRE INSURANCE. , 343 

public or private sale to the highest bidder for cash or on 
credit, first having given ten days' notice of the time, place 
and terms of sale, together with a description of the prop- 
erty to be sold, by notices posted up in three public places 
in the vicinity of such sale, or at a private sale with or 
without notice as the said mortgagee may elect; and the 
said mortgagor agrees that the mortgagee may purchase 
any of said property at any public sale under this mort- 
gage; and after satisfying the amount due, and all the 
expenses, the surplus, if any remain, shall be paid over to 
said mortgagor, or his heirs or assigns. The exhibition of 
this mortgage shall be sufficient proof that any person 
claiming to act for the mortgagee is duly made, constituted 
and appointed agent and attorney to do whatever is above 
authorized. 

In witness whereof the said party of the first part here- 
unto sets his hand and seal this day of 

A. D., 19. . 

♦ (seal.) 

Signed and delivered in the presence of 



State of Illinois, County of , ss : 

I, (name and official character) in and for said county, 

in the state aforesaid, do hereby certify that who. . 

personally known to me to be the person. . whose name. . 
subscribed to the annexed deed, appeared before me this 

day in person and acknowledged that signed, 

sealed and delivered the said instrument of writing as 

free and voluntary act, for the uses and purposes 

therein set forth. 

Given under my hand and official (or notarial) seal, this 

day of A. D., 19. . 

(Name and official character.) 



My commission expires 19 



344 INSTRUCTION IN REAL ESTATE 

BILL OF SALE FORM. 

Know all men, by these presents, that I, A. B., of , 

in consideration of the sum of dollars to me in 

hand paid by C. D., of the same place, at and before the 
ensealing and delivering of these presents, the receipt 
whereof I do hereby acknowledge, (or if the consideration 
be different state it,) have bargained, sold, released, granted 
and confirmed, and by these presents, do bargain, sell, 
release, grant, and confirm, unto the said C. D., all the 
following goods, household stuff, and implements of house- 
hold, (or as the case may be) (here describe each article so 
it can be identified) now remaining and being (mention 
where they are) to have and to hold all and singular the said 
goods and chattels, etc., and every one of them, by these 
presents bargained, sold, released, granted, and confirmed, 
unto the said C. D., his heirs, executors, administrators, 
and assigns, to his and their only proper use and behalf 
forever. 

Witness my hand and seal, this fourth day of , 

A. D., 19.. 

Signed, sealed and delivered in presence of 

A. B. (Seal.) 
E. G. 
A. R. 

STATUTE LAW RELATING TO LANDLORD AND 

TENANT. 

Landlord has lien for his rent on crops grown or growing 
for six months after expiration of term. He may distrain 
for rent any personal property of tenant found in county, 
either before or after the term of lease. Tenant may show 
any defense or set off he may have in the distraint pro- 
ceedings. Tenant holding over after demand made in 
writing, is liable to double rent. Where rent is six months 
in arrears landlord may bring ejectment. To terminate 
tenancy from year to year 60 days' notice in writing is 



AND FIRE INSURANCE. 345 

required. Thirty days' notice is sufficient to terminate 
tenancy from month to month or less than one year. 

After rent is due, if tenant shall not pay rent in five days 
after demand to that effect the lease is terminated. Ten 
days' notice to quit after default in lease is sufficient to 
terminate same. Notice to quit is not necessary where 
term of lease has expired. A verbal lease of land is valid 
for one year only. 

LEASE FORM. 

This indenture, made the day of , in 

the year of our Lord one thousand nine hundred and , 

between A. B., of , of the first part, and C. D., of 

the second part, witnesseth : That the said A. B., 

for and in consideration of the yearly rent and covenants 
hereinafter mentioned and reserved, on the part and behalf 
of the said C. D., his executors, administrators and assigns, 
to be paid, kept, and performed, hath demised, granted and 
leased and by these presents doth demise, grant, and lease, 
unto the said C. D., his executors, administrators, and 
assigns, all that messuage and lot of ground, situate, lying 

and being in the aforesaid, bounded northward, 

&c., (here describe the premises) together with all and 
singular, buildings and appurtenances thereunto belonging. 
To have and to hold the said messuage and lot of ground, 
and all and singular the premises hereby demised, with the 
appurtenances, unto the said C. D., his executors, adminis- 
trators, and assigns, from the day of 

next ensuing the date hereof, for and during the term of 

years thence next ended ; yielding and paying for 

the same unto the said A .B., his executors, administrators, 

and assigns, the yearly rent or sum of dollars, in 

four equal quarterly payments (or as the case may be) of 

dollars each, the first of which to me made on the 

day of next. 

And the said C. D., for himself, his heirs, executors, and 
administrators, doth covenant, promise, and agree to and 



34^ INSTRUCTION IN REAL ESTATE 

with the said A. B., his heirs, executors, administrators, 
and assigns, by these presents, that he, the said C. D., his 
heirs, executors, and administrators, shall and will well and 
truly pay or cause to be paid unto the said A. B., his heirs, 
executors, administrators, or assigns, the said yearly rent 

of dollars, hereby received, on the several days 

and times hereinbefore mentioned and appointed for the 
payment thereof, according to the true intent and meaning 
of these presents. And the said A. B., for himself, his 
heirs, executors, and administrators, doth covenant, 
promise, and agree to and with the said C. D., his execu- 
tors, administrators, and assigns, by these presents, that he 
the said C. D., his executors, administrators, and assigns, 
(paying the rent and performing the covenants aforesaid,) 
shall and may peaceably and quietly have, hold, use, 
occupy, possess and enjo}^ the said demised premises, with 
the appurtenances, during the term aforesaid, without the 
lawful let, suit, trouble, eviction, molestation, or interruption 
of the said A. B., his heirs or assigns, or any other person or 
persons whatsoever. 

And the said party of the second part covenants that 
upon the non-payment of the whole or any portion of the 
said rent at the time when the same is above promised to 

be paid, the said party of the first part may, at 

election, either distrain for said rent due, or declare this 
lease at an end and recover possession as if the same was 
held by forcible detainer ; the said party of the second part 
hereby waiving any notice of such election, or any demand 
for the possession of said premises. 

Witness the hands and seals of the said parties the day 
and year first above written. 

A. B. (seal.) 
C. D. (seal.) 

Signed, scaled and (lcli\'erc(l in presence of 

E. F. 
G. H. 



ANt) FIRE msURANCE. 347 

EXEMPTION AND HOMESTEAD LAWS. 
Every house holder with family is entitled to an estate 
or homestead of $i,ooo, same reverts to surviving- husband 
or wife and to the children till the youngest child becomes 
21 years old. Proceeds of sale of homestead are exempt, 
as is insurance money from loss on building. Necessary 
wearing apparel and $ioo worth of other property are 
exempted to all debtors and when head of family is entitled 
to an additional $300 worth of other property — money or 
salary due debtor cannot 1)e included. Plead of family is 
entitled to v$i5 per week wages. No personal property 
exempt from judgment for labor. 

STATUTE LAW RELATING TO FENCES. 
If a man chooses he may build and maintain on his own 
boundary on his own land a fence, and escape the obliga- 
tion of maintenance as to the division fence, in which case 
he gives up all right to the old fence. Fences along public 
highways made in whole or in part of wire with or without 
barbs are lawful fences subject to restrictions imposed by 
municipal authority. Like fences are also legal as line 
fences. Partition fences must be four and a half feet high 
made of boards, stone, hedges, barb wire, or their equiva- 
lent. The township assessor and commissioners of high- 
ways are fence viewers in their respective towns. 

STATUTE LAW RELATING TO LIMITATION. 

Suits to recover land must be brought within twenty 
years after the right accrued to the claimant or his prede- 
cessor in title. Seven years payment of taxes under claim 
and color of title with actual possession is held to grant 
such title, as his claim and color of title, purports. Same 
rule applies to vacant land except that possession is neces- 
sary. 

Minors and persons under disability are accorded two 
years after becoming of age or the disability is removed to 
bring suit for possession. 



M^ iNSTRttGTiON JN RRAf, RSTATJ'<! 

A mortgag'e is invalid if no action is taken on it within 
ten years after it becomes due. 

Actions on unwritten contracts, injuries to property and 
all civil actions not otherwise provided for are barred after 
five years from time action accrued. 

STATUTE LAW RELATING TO DESCENT AND 
DLSTRIBUTION WHEN NO WILL IS LEFT. 
Intestate property, after the payment of all debts and 
claims, is distributed as follows: i. To the children and 
descendants of children in equal parts, the descendants 
taking the share of the ancestor (per stirpes). 2. When 
there is no child, nor descendant of a child, and no widow 
or surviving husband, then to the parents, brothers and 
sisters, and their descendants in equal parts. Parents each 
take one share if living. If one be dead, the survivor takes 
a double portion. 3. When there is a widow or surviving 
husband, but no child or children of descent or descendants 
of such child or children, then one half of the realty and all 
of the personalty goes to such widow or surviving husband 
as an absolute estate forever. The balance then descends 
as in (2) above. 4. When there is a widow or surviving 
husband and also a child or children or descendants of such 
child or children, the widow or surviving husband receives 
one-third of the personal estate absolutely. 5. If there be 
no child or descendants of a child and no parent, brother 
or sister of descendant of such parent, brother and sister, 
and no widow or surviving husband then in equal parts to 
the next of kin (computed by rules of Civil Law). There 
is no representation among collaterals, except descendants 
of brothers and sisters of decedent, and no distinction 
between kindred of the half and of the whole blood. 6. If 
there is a widow or surviving husband and no kindred, the 
estate descends to such widow or surviving husband. 7. 
If there is no widow or surviving husband, and no kindred, 
the estate escheats to the county wherein the greater por- 
tion of the estate is situate. 



AND FIRE INSURANCE. 349 

An illegitimate child is heir to the mother and to any 
maternal ancestor, and the descendants of an illegitimate 
may take by descent any estate the parent could have taken. 

The estate of curtesy is abolished, and the surviving hus- 
band or wife is endowed of the one-third part of descen- 
dant's real estate. The surviving husband or wife of an 
alien have citizen's rights as to dower. Dower may be 
barred by a jointure, or by express waiver thereof (as in a 
'deed). Any devise, unless otherwise expressed is taken in 
lieu of dower, and bars the same if accepted. The survivor 
has one year from the time of issuance of letters, to elect to 
accept the devise or renounce the same and take dowxr. 
Dower is not barred by a divorce for the fault of the other 
party, unless the marriage was void. Both legal and equit- 
able estates are subject to dower, if the decedent was pos- 
sessed of an estate of inheritance. 

DISTRIBUTION OF PROPERTY BY WILL. 

Wills are to be proven in the county where the deceased 
had his known place of residence, or mansion house. If 
deceased had no residence, and land is devised by the will, 
it must be proven in one of the counties where the land 
lies. If no land is bequeathed then probate may be had 
in the county where death occured or where the greater 
part of the estate lies. 

A will may be revoked only by burning, cancelling, tear- 
ing or obliterating the same by the testator, or in his pres- 
ence and by his direction, or by another will or codicil duly 
executed. Xo spoken w^ords can avail to revoke or change 
a written will or codicil. 

A will can be made by any hiale of the age of 21 years or 
female of the age of 16 years. Wills of non-residents, or 
copies thereof accompanied by certificate of proper officer 
as to execution and proof, may be recorded and receive 
same recognition as will of this state. 



350 INSTRUCTION IN REAL ESTATE 

NOTARY PUBLIC. 
Applicant must be twenty-one, a citizen of the United 
States and a resident of State for one year. Women are 
eligible. Application should be made to the Secretary of 
State who will notify when to appear and take oath of 
office. Appointment is made by Governor with the consent 
of Senate. A petition, signed by fifty legal voters of the 
city, town or village where applicant resides, should be 
sent with the application. Term of office, four years. 
Fee $2. Bond of $1000 is required. Fees — for taking 
acknowledgements 25 cents ; for notice of protest 25 cents ; 
for administering oath 25 cents. 

LAW CONCERNLNG ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 

Acknowledgements made out of the State may be made 
before a Notary Public in this country, or before any officer 
or magistrate in the United vStates authorized to take 
acknowledgements by the local law, but if he be a Justice 
of the Peace a certificate of his authority so to act must be 
added by the clerk of his county court. Any acknowledge- 
ment, accompanied by a certificate of a clerk of a court of 
record that the instrument is executed and acknowledged 
in conformity to the laws of the State where made, is good. 
They may also be made in foreign countries before ambas- 
sadors, or other United States officers exercising ministerial 
functions. 

INDIANA. 

STATUTE LAW RELATING TO DEEDS. 

If a deed or a mortgage (or a lease for a term of more 
than three years) be not filed within forty-five days from 
the date of its making thereof in the recorder's office, the 
same shall be fraudulent and void as against a subsequent 
purchaser, mortgagee (or lessee) in good faith within ten 
days from date of making thereof. 



ANn FIRE INSURANCE. 351 

STATUTE LAWS RELATING TO MARRIED 
WOMEN. 

A married woman has the same rights to and powers 
concerning her propjerty and to contract, sue and be sued, 
as if unmarried, but a mortgage or conveyance of her 
realty is void unless her husband joins therein ; she cannot 
be legally bound as surety, guarantor or accommodation 
endorser but she may not sue her husband except for 
divorce or to protect her property, and when he has de- 
serted her, and separated himself from her without cause 
nor may he sue her except for like causes under like cir- 
cumstances, excluding the matter of support. 

If a wife be insane, by proper proceedings in court and 
giving security, the husband may have her estate placed in 
his care. 

If a wife do not join in a deed for her husband's realty 
and he die first she will have therein one-third interest for 
life. 

The husband is liable for the support of wife and family, 
but if the wife order necessaries for the family, both may 
be sued and collection enforced against wife's property if 
the husband do not have sufficient. 

WARRANTY DEED. 

This indenture witnesseth, that of 

county, in the state of convey and warrant to 

of county, in the state of for 

the sum of dollars, the following described real 

estate, situated in county, in the state of Indiana, 

to wit : 

In witness whereof, I have hereunto set my hand and 

seal, this day of A. D., 19. . 

(seal.) 

Signed, sealed and delivered in the presence of 



State of Indiana, County, ss : 



352 INSTRUCTION IN REAL ESTATE 

Before me, a in and for said county 

and state, this day personally appeared and 

acknowledged the execution of the within Warranty Deed 

(or as the case may be), to be voluntary act and 

deed. 

Witness my hand and . seal this day of 

A. D., 19.. 

(Name and official character.) 



My commission expires 19. . 

ACKNOWLEDGEMENT FOR MINOR WIFE. 

State of Indiana, County, ss : 

Personally appeared before me , a notary public 

(or as the case may be) in and for said county and state, 

this day of 19. ., and his infant 

wife who acknowledged the foregoing to be their voluntary 

act and deed. Also appeared , (father or mother) 

of said infant wife , and declared that be- 
lieves the above conveyance is for the benefit of such infant 
wife and that it would be prejudicial to her and her husband 
to be prevented from disposing of the lands above de- 
scribed. 

, Notary Public. 

My commission expires 

Note. In case the infant wife has neither father or 
mother living, the wife may join the husband in a convey- 
ance of lands with the consent of the circuit court judge of 
the judicial circuit in which the husband and wife live 
which assent shall be endorsed on such conveyance and 
signed by such judge. 

The form of acknowledgement for a married woman, not 
an infant, is the same as for a unmarried person. 

Acknowledgement by a corporation is the same as of an 
individual except that the corporation appears by the officer 
authorized to execute the instrument, be it a deed or mort- 
gage. 



AND FTRE INSURANCE. 353 

Tn acknowledgements taken before notary public date of 
expiration of commission of notary must be affixed as 
shown above. 

Note. Above is a short form warranty deed. If long- 
form is desired use the Idaho form. 

MORTGAGE FORM. 

This indenture witnesseth that of county, 

in the state of Indiana, does mortgage and warrant to 
of county, in the state of Indiana, the fol- 
lowing described real estate, situate in county, in 

the state of Indiana, to wit : (describe it) and the mort- 
gagor expressly agrees to pay the sum of money above 
secured, without relief from valuation or appraisment laws. 

In witness whereof, the mortgagor has hereunto set his 

hand and seal this day of , 19. . 

(seal.) 

Signed and acknowledged in the presence of 



State of Indiana, County, ss : 

Before me, a in and for said county and 

state, this day personally appeared and acknowl- 
edged the execution of the within Mortgage Deed (or as 
the case may be), to be .... voluntary act and deed. 

Witness my hand and .... seal this .... day of , 

A. D., 19. . (Name and official character.) 



MINOR WIFE. 

State of Indiana, County, ss : 

Personally appeared before me, , a notary public 

(or as the case may be), in and for said county and state, 

this day of , 19. ., and his infant wife who 

acknowledged the foregoing to be their voluntary act and 

deed. Also appeared , (father or mother) of said 

infant wife , and declared that believes the 



354 INSTRUCTION m real estate 

above conveyance is for the benefit of such infant wife 
and that it would be prejudicial to her and her husband to 
be prevented from disposing of the lands above described. 

, Notary Public. 

My commission expires 

Note. In case the infant wife has neither father or 
mother living, the wife may join the husband in a convey- 
ance of lands with the consent of the circuit court judge 
of the judicial circuit in which the husband and wife live 
which assent shall be endorsed on such conveyance and 
signed by such judge. 

The form of acknowledgment for a married woman not 
an infant is the same as for an unmarried person. 

Acknowledgment by a corporation is the same as of an 
individual except that the corporation appears by the 
officer authorized to execute the instrument, be it a deed 
or mortgage. 

In acknowledgments taken before notary public, date 
of expiration of commission of notary must be affixed as 
shown above. 

RELEASE OF MORTGAGE. 

The note, secured by a mortgage, executed by to 

on the day of , 19 . . and recorded 

in mortgage record No Page No of 

county, in the state of Indiana, having been fully paid and 
discharged, such mortgage is hereby declared fully paid, 

satisfied, and released, this day of 19. . . . 

(seal.) 

State of Indiana County, ss : 

Before me, , a , in and for said county, 

this day of 19. . , acknowledged the 

execution of the above satisfaction. 

Witness my hand and seal. 



AND FIRE INSURANCE. 355 

STATUTE LAW RELATING TO CFL'\TTEL 
MORTGAGES. 
A chattel mortgage may be executed on any and all 
chattels and growing crops, but in order to be valid as to 
the third parties must be acknowledged and recorded 
within ten days or the mortgagee must take actual posses- 
sion of the mortgaged chattels, and the person having pos- 
session is deemed the owner for taxation. 

CHATTEL MORTGAGE. 

Know all men by these presents, that residing in 

county of state of , party of the first 

part, being* justly indebted to , residing in , 

party of the second part, in the sum of dollars, 

Avhich is hereby confessed and acknowledged, has, for the 
purpose of securing the payment of said debt, granted, 
bargained, sold and mortgaged, and by these presents does 
grant, bargain, sell and mortgage unto the said party of 
the second part, his heirs, executors, administrators and 
assigns, all that certain personal property described as 
follows, to wit: (Describe it and state where it is and in 
whose posession), all of which property the party of the 
first part covenants is free and clear from all liens and 
encumbrances (here mention Exemptions, if any) and the 
said party of the first part for himself, his heirs, executors 
and administrators, all and singular, the goods, chattels 
and personal property above bargained and sold, unto 
the said party of the second part, his executors, administra- 
tors and assigns, against him, the said party of the first 
part, and against all and every other persons, whomsoever, 
shall and will warrant and forever defend. 

To have and to hold, all and singular said goods, and 
chattels, unto the said party of the second part, his heirs, 
executors, administrators and assigns, forever; provided, 
always, and these presents are upon this express condi- 
tion : that if the said party of the first part shall pay or 
cause to be paid unto the said party of the second part, 



35^ INSTRUCTION IN REAL ESTATE 

his heirs or assigns, the sum of dollars, according 

to the conditions of two (or as the case may be) certain 

promissory notes executed by ...... payable to 

at viz, $...., dated , due , with inter- 
est at .... per cent, per annum, until paid (or omitting all 
after ''promissory notes" and inserting ''of which the fol- 
lowing are copies" and then insert copies, or if the indebt- 
edness is not represented by promissory notes its charac- 
ter may be otherwise indicated). Then these presents to 
be void and of no effect. The party of the first part waives 
all relief from valuation or appraisement laws. 

It is agreed and understood by the parties hereto, that 

said shall retain possession of said property hereby 

sold, until said note., hereby secured become., due, and 

if said note not paid promptly at maturity, said 

shall then have the right to take and keep posses- 
sion of said property wherever it may be found, without 
process of law, and the same shall become the absolute 

property of the said and the said hereby 

expressly agrees not to carry off, conceal or remove the 
said property from the place where it now is, without the 

consent of said , not to sell, assign or lease the same 

without such consent, to use such property Avell, keep 
the same insured in some reliable company, and in good 
repair, and in case of default being made in any one of 
these conditions or if the property be levied on by execu- 
tion, attachment or writ from any court, or shall come into 
the hands of any administrator, guardian, executor, as- 
signee, tustee, receiver or commissioner, to be sold or 
held, then and in either one of such events said mortga- 
gor's right to the possession of said property shall cease 
and terminate immediately before the happening of either 
one of said events, and the whole debt hereby secured 
shall become immediately due and payable and the mort- 
uaofee shall have the ri^ht to take immediate and uncon- 
ditional possession of the said property for liis own use 
forever. 



ANt) nm INSURANCE. ;^57 

In witness whereof the said party of the first part here- 
unto sets his hand and seal thi,si day of ....... A. D., 

19. . (seal.) 

Signed and delivered in the presence of 



vState of Indiana, Connty, ss ; 

Before me, , a , in and for the said count}^ 

and state, this day personally appeared .... and acknowl- 
edged the execution of the within chattel mortgage to be 
volnntary act and deed. 

Witness my hand and seal this day of 

, A. D., 19. . (Name and official character.) 

ACKNOWLEDGMENT FOR MINOR WIFE. 
State of Indiana, County, ss : 

Personally appeared before me, a notary public 

(or as the case may be) in and for said county and state, 

this day of , 19. ., and , his infant wife, 

who acknowledged the foregoing to be their voluntary 

act and deed. Also appeared (father or mother) 

of said infant wife, , and declared that .... believes 

the above conveyance is for the benefit of such infant wife 
and that it would be prejudicial to her and her husband 
to be prevented from disposing of the goods above de- 
scribed. , Notary Public. 

My commission expires 

Note. In case the infant w^ife has neither father or 
mother living, the wife may join the husband in a con- 
veyance with the consent of the circuit judge of the judi- 
cial circuit in wdilch the husband and wife live, which as- 
sent shall be endorsed on such conveyance and signed by 
the judge. 

The form of acknowledgment for a married woman not 
an infant is the same as for an unmarried person. 

Acknowledgment by a corporation is the same as of 
an individual except that the corporation appears by the 
officer authorized to execute the instrument, be it a deed or 
mortgage. 



35^ INSTRUCTION IN REAL ESTATE 

In acknowledgments taken before notary public date of 
expiration of commission of notary must be affixed as 
shown above. 

LOCAL LAWS RELATING TO BILS OF SALE. 
No sale of goods for $50 or more is valid unless immedi- 
ate delivery and acceptance by the purchaser, or some- 
thing given in earnest to bind the bargain or in part pay- 
ment, or unless some note or memorandum in writing is 
made of the bargain signed by the party to be charged 
or by some other authorized person. In all cases where 
such sale is valid and the sale set aside, the purchaser is 
subrogated to the rights of the creditor. 

BILL OF SALE FORM. 

Know all men by these presents, that I, A. B., of , 

in consideration of the sum of doHars to me in hand 

paid by C. D., of the same place, at and before the enseal- 
ing and delivering of these presents, the receipt whereof I 
do hereby acknowledge, (or if the consideration be differ- 
ent state it), have bargained, sold, released, granted, and 
confirmed, and by these presents, do bargain, sell, release, 
grant, and confirm, unto the said C. D., all the following 
goods, household stuff, and implements of household, (or 
as the case may be) (here describe each article so it can 
be identified) now remaining and being (mention where 
they are) to have and to hold all and singular the said 
goods and chattels, etc., and every one of them, by these 
presents bargained, sold, released, granted, and confirmed, 
unto the said C. D., his heirs, executors, administrators, 
and assigns, to his and their only proper use and behalf 
forever. 

Witness my hand and seal, this fourth day of , 

A. D., 19.. A.'b. (seal.) 

Signed, sealed and deli\'ered in presence of 
E. G. 
A. R. 



AND FIRE INSURANCE. 359 

STATUTE LAWS RELATING TO LANDLORD 
AND TENANT. 

For rent due, personal property while on the leased 
premises may be distrained. So may growing crops. This 
applies only to a tenant who agrees to pay a part of the 
crops as rent or where he agrees to pay cash rent for the 
leased premises. Third parties dealing with the tenant 
are bound to take notice of the landlord's lien for rent on 
crops. Such property may be sold on levy to pay rent and 
damages. Of course the tenant has the right of exemption 
in some forms of lease. The proceedings are the same as 
civil cases. 

A tenancy at will can be created only by express con- 
tract. All other tenancies are from year to year. Such 
may be terminated by three months' notice in writing, 
when the term is for one year or longer; and when of 
shorter duration than three months by a notice equal to 
the term. 

Tenants who refuse to pay when due may be expelled 
after ten days' notice in writing, unless the rent due is 
paid during that time. Where the rent is payable in ad- 
vance no notice to quit is necessary when the tenant re- 
fuses or fails to pay rent when due. 

Actions for possession may be instituted before a justice 
of the peace and from there, tenant may appeal and re- 
tain possession by giving bond. 

LEASE FORAL 

This indenture, made the day of , in the 

year of our Lord one thousand and nine hundred and . . . ., 

between A. B., of , of the first part, and C. D., of 

, of the second part, witnesseth : That the said A. 

B., for and in consideration of the yearly rent and cove- 
nants hereinafter mentioned and reserved, on the part and 
behalf of the said C. D., his executors, administrators and 
assigns, to be paid, kept, and performed, hath demised, 
granted, and leased, and by these presents doth demise, 



360 INSTRUCTION IN REAL ESTATE 

grant, and lease, unto the said C. D., his executors, admin- 
istrators, and assigns, all that messuage and lot of ground, 

situate, lying and being in the aforesaid , 

bounded northward, etc. (here describe the premises), 
together Avith all and singular, buildings and appurtenances 
thereunto belonging. To have and to hold the said mes- 
suage and lot of ground, and all and singular the premises 
hereby demised, with the appurtenances, unto the said C. 
D., his executors, administrators, and assigns, from the 

day of next ensuing date hereof, for and 

during the term of years thence next ended ; yield- 
ing and paying for the same unto the said A. B., his exec- 
utors, administrators, and assigns, the yearly rent or sum 

of dollars, in four equal quarterly payments (or as 

the case may be) of dollars each, the first of which 

to be made on the day of next. 

And the said C. D., for himself, his heirs, executors, and 
administrators doth covenant, promise, and agree to and 
with the said A. B., his heirs, executors, administrators, 
and assigns, by these presents, that he, the said C. D., 
his heirs, executors, and administrators, shall and will 
well and truly pay or cause to be paid unto the said A. B., 
his heirs, executors, administrators, or assigns, the said 
yearly rent of dollars, hereby reserved, on the sev- 
eral days and times hereinbefore mentioned and appointed 
for the payment thereof, according to ,the true intent and 
meaning of these presents. And the said A. B., for him- 
self, his heirs, executors, and administrators, doth covenant, 
promise, and agree to and with the said C. D., his execu- 
tors, administrators, and assigns, by these presents, that 
he, the said C. D., his executors, administrators, and as- 
signs, (paying the rent and performing the covenants afore- 
said), shall and may peaceably and quietly have, hold, 
use occupy, possess and enjoy the said demised premises, 
with the appurtenances, during the term aforesaid, with- 
out the lawful let, suit, trouble, eviction, molestation, or 



AND FIRE INSURANCE. 361 

interruption of the said A. B., his heirs or assigns, or any 
other person or persons whatsoever. 

At the expiration of this lease, or on the faihire to pay 
rent when the same is due, or on a faikire to comply with 
any of the conditions of this lease, the same shall termin- 
ate at once Avithout notice, and the said , his rep- 
resentatives and assigns, may enter upon and take pos- 
session of said premises and expel the occupant thereof, 
without in anywise being a trespasser; and the failure of 

the said to take possession of the said premises 

at the time aforesaid shall not stop him from afterwards 
asserting said rights ; and the occupation of said premises 
by the said tenant, after the expiration of said lease, or the 
forfeiture thereof, shall give him no right as a tenant but 
he may be expelled at any time, without notice. 

On failure to pay rent at maturity, or to give possession 
at the expiration of this lease and as liquidated damages 
for such failure, it is agreed that double the rent above 
specified shall be paid for the time the rent remains due 
and unpaid, or said tenant holds possession without right, 
and should suit be instituted to collect rents, or obtain 

possession of the premises, the said agrees to pay 

attorney's fees therefor. 

Witness the hands and seals of the said parties the day 
and year first above written. A. B. (seal.) 

C. D. (seal.) 

Signed, sealed and delivered in presence of 
E. F. 
G. H. 

EXEMPTION AND HOMESTEAD LAWS. 
Any resident householder may claim as exempt prop- 
erty, either real or personal or both, worth $600 from any 
execution or other final process from any court arising 
or based on contract. Unless he claims his exemption 
before sale he is cut off therefrom. Single men have 
wages to the extent of $25 exempt from execution or at- 



3^2 INSTRUCTION IN REAL ESTATE 

tachment. No exemption is allowed as against laborer's 
or mechanic's liens or lien for purchase money or from 
taxes. No Homestead law in Indiana. 

STATUTE LAW RELATING TO FENCES. 

The owner of stock must fence them in. He is liable 
for any damage they do his neighbor, unless the stock 
break through the neighbor's partnership fence which is 
defective. The township trustee on notice from one land 
owner has the power to compel the building of a partner- 
ship fence by an adjoining land owner. 

A lawful fence : Straight board and wire, or straight 
wire, or a picket or a hedge fence must be four feet high, 
a straight rail fence four and one-half feet high, a worm 
rail fence five feet high, and all to be strong enough to 
hold horses, mules, sheep and hogs and cattle. 

STATUTE LAW RELATING TO LIMITATION. 
Suits to recover lands must be brought within twenty 
years after right of action accrues. Actions on accounts 
not in writing, for use, rents and profits of real property, 
for injuries to property, damages for detention of prop- 
erty and for recovery of personalty, for relief against 
frauds, must be brought within six years after action ac- 
crues. For the recovery of real property sold on execution 
the action must be brought within ten years. For the re- 
covery of real property sold by executors, adminstrators, 
guardians or commissioners of a court on a judgment 
specially directing the sale of such property, suit must be 
brought within five years after the sale is confirmed. 

DECEDENT'S DEBTS. 
The personal property is the primary fund out of which 
the debts of the estate are to be paid, and until that is ex- 
hausted, (saving to the widow her $500) the real estate is 
not liable to be sold, and the administrator has no right 
in such land, except to subject them to sale for payment 
of decedent's debts, 



AND FIRE INSURANCE. 363 

Debts are to be paid in the following' order of classes: i. 
The expenses of the administration. 2. The expenses of 
the funeral. 3. The expenses of the last sickness. 4. 
Taxes accrued upon the real and personal estate of the 
decedent at his death, and taxes assessed upon the per- 
sonal estate during the course of administration. 5. Debts 
secured by liens upon the personal estate and real estate of 
decedent, created or suffered by him in his life time and 
continued in force. Provided, that if the real estate shall 
have been sold subject to any lien, and the holder thereof 
shall have accepted the bond of the purchaser, the debt 
secured by such lien shall be omitted in the distribution. 
6. A sum not to exceed fifty dollars for wages due any 
employe for w^ork and labor performed for the decedent 
within two months prior to his death. 7. General debts. 
8. Legacies. 

All claims must be filed within thirty days before final 
settlement or the same will be barred. 

STATUTE LAW RELATING TO DESCENT AND 
DISTRIBUTION WHEN NO WILL IS LEFT. 

A decedent's estate not disposed of by Avill. or limited 
by marriage settlement, vests as follows : 

The real and personal property of any person dying in- 
testate shall descend to his or her children in equal pro- 
portions and posthumous children shall inherit equally 
with those born before the death of ancestor. 

Grandchildren inherit the share which would have de- 
scended to their father or mother ; grandchildren and more 
remote descendants and all other relatives of the intestate, 
whether lineal or collateral, shall inherit by the same rule. 
Provided, that if intestate shall have left at his death 
grandchildren only, they shall inherit equally. 

If intestate die without lawful issue or other descendants 
alive, one-half of the estate shall go to the father and 
mother as joint tenants or to survivor of either, and the 



3^4 INSTRUCTION IN REAL RSTATtS 

other half to the brothers and sisters and their descend- 
ants as tenants in common. 

If father and mother of intestate be dead the brothers 
and sisters living and the descendants of those dead inherit 
the estate as tenants in common. If brothers and sisters 
be dead and there be no descendant the father and mother 
or survivor of either take the estate. 

If there be no person entitled to take the inheritance 
according to preceding rules, it shall descend as follows : 

1. If the inheritance come to the intestate by gift, 
devise or descent from the paternal line, it shall revert 
back through the paternal line to those entitled to take 
the same. 

2. If the inheritance come to the intestate from the 
maternal line by gift, devise or descent, the same shall 
revert back through the maternal line to those entitled to 
take. 

3. If the estate comes to the intestate otherwise than by 
gift, devise or descent, it shall be divided into equal parts 
and one-half shall go to the paternal line and the other 
half shall go to the maternal line, in the order set out 
and on the failure of either line the other side shall take 
the whole. 

Kindred of the half blood take equal with the whole 
blood unless the estate come by gift, devise or descent, 
then those of the blood of the ancester take the inherit- 
ance. Provided, that on failure of such kindred, other kin- 
dred of the half blood shall inherit as if they were of the 
whole-blood. 

An estate which came by gift or conveyance in consid- 
eration of love and affection, shall revert to the doner if 
the intestate die without children or their descent, saving 
to the widow or widower his or her rights therein. 
. Provided, that the husband or wife of such intestate 
shall hold a lien upon such property for the value at in- 
testate's death, of improvements by him or her made 
thereon and for moneys derived fr(^m liis or her separate 
estate of such improvements. 



AND FIRE INSURANCE. 365 

Illegitimate children inherit from the mother as if legiti- 
mate any property she may have had at her death. 

Illegitimate children inherit real and personal property 
from the father as if legitimate if there are no legitimate 
children or descendants thereof provided the father shall 
have acknowledged such child or children to be his during 
his lifetime, but the testimony of the mother shall in no 
case be sufficient to establish the fact of the father's ac- 
knov^ledgment. 

If a man shall marry the mother of an illegitimate child 
and acknowledge it as his own, said child shall be deemed 
legitimate. 

The mother inherits the estate of an illegitimate child, 
and if she be dead her descendants. 

An intestate's estate to which there are no heirs capable 
of inheriting escheats to the state to support the common 
school fund. 

Advancements in real estate or personal property shall 
be charged against the child or children of a descendant, 
but any amount advanced over what descendant's estate 
proves to be on final settlement shall not be refunded. 
Curtesy and dower are abolished in Indiana. 

The w^idow of intestate shall receive one-third of real 
estate in fee-simple and free from all demands of creditors. 
Provided, that where the real estate exceeds in value the 
sum of $10,000 she shall receive only one-fourth and if the 
real estate exceeds in value the sum of $20,000 she shall 
receive one-fifth as against creditors. 

If a widow holding real estate by virtue of a former 
marriage, married again and dies during her second mar- 
riage, leaving children by both husbands, the real estate 
descends to the children of the first marriage, but if a 
widow survive all marriages her real estate inherited from 
the first husband descends to her children equally by 
whatever marriage. She cannot convey away real estate 
inherited by the first marriage where there is a child by 
the former husband unless such child be twenty-one and 
joins in the conveyance. 



366 INSTRUCTION IN REAL ESTATE 

If a wife dies intestate or testate, one-third of her real 
estate descends to her husband subject to its proportion 
of debts contracted by the wife before marriage, but in 
case she leaves a will he can elect and take under the 
will within ninety days after the will has been admitted to 
probate and the same rule as to election applies to the 
wife. 

If the intestate leaves a widow and one child only, his 
real estate shall descend to them, half to the widow and 
half to the child. 

If a man dies intestate, leaving a widow and child or 
children not to exceed two, the personal property shall be 
divided between the widow and child or children equally, 
but if number exceed two, the wadow shall not be deprived 
of her one-third. Provided, that if a man has a second 
wife and has by her no children, but has descendants alive 
by a former wife, the interest of such second childless wife 
in the lands of decedent shall be a life estate in but one- 
third of his lands at his death. 

In all cases, Avhere, during the life of the second or sub- 
sequent or childless wife and after the death of the hus- 
band the children of the latter by former wife have exe- 
cuted or attempted to execute conveyance in fee to all 
or any part of the lands afifected by the life estate and 
have received payment therefor or where all or any part 
of such lands have been conveyed for a valuable consid- 
eration by the guardians of any such children, such con- 
veyance shall at the death of such second wife (childless) 
be held to convey the interest of such children in such 
lands that would descend to them through such second 
or subsequent childless w^ife, and shall estop such children 
or their heirs from hereafter claiming such interest. 

In all cases wdiere, after the death of such husband, the 
second or subsequent childless wife and the children of 
the decedent by former wife, or their guardians, having 
altcm])tc(l to dispose of the life estate or any interest in 
the whole or certain parts of the lands of decedent by con- 



ANn FTRR INSURANCE. 367 

vcyance one to the other or to other persons, such convey- 
ances sliall be held to be valid and shall stop all parties 
or their heirs from hereafter claiming any interest so con- 
veyed. 

This provision, however, does not apply in case where 
the second childless wife has died and the estate becomes 
vested in the heirs of the deceased. 

If a man dies testate, leaving a widow, one-third of his 
personal estate shall descend to her subject, however, to 
its proportion of the debts of the decedent. But nothing 
in this act shall reduce the widow's interest in deceased 
husband's estate. The widow may elect to take under 
the will instead of to this law or to any other law of de- 
scent of estate in this state, but such election must be 
made within ninety days after the will has been admitted 
to probate. 

The personal property of the wife acquired before cover- 
ture and after, shall remain hers to the same extent and 
under the same rules as her real estate, and on the death 
of her husband shall all go to her, and on the death of 
the wife, if before the husband, it shall be distributed in 
the same manner as her real estate descends and is appor- 
tioned under the same circumstances. Provided, if the 
wife left a will the husband can take what the will gives 
him, or, by proper proceding w^ithin ninety days from 
probate of will, one-third of his wife's land, but not both 
unless the will reveal an intent that he have both. 

If a husband or wife die intestate, leaving no child, but a 
father and mother, or either of them, then his or her real 
and personal, shall descend three-fourths to the w^idow or 
widower, and one-fourth to the father and mother jointly, 
or to the survivor of them. Provided, that if the whole 
amount of property real and personal, do not exceed one 
thousand dollars, the Avhole shall go to such widow or 
widower. 

If a husband or wife die intestate, leaving no father nor 



368 INSTRUCTION IN REAL ESTATE 

mother, or child or children, the whole of his or her estate 
shall go to the survivor. 

The v^afe of a deceased husband is entitled to one-third 
interest in all the real estate that her husband owned dur- 
ing their married life in which he was seized in fee-simple 
and in the conveyance of which she was not properly 
joined in due form of law, and also in all lands in which 
he had an equitable interest at the time of his death. But 
she may elect to take under a will, if one is left, instead 
of this or the foregoing section. 

A surviving wife and minor child or children shall in 
all cases, be allowed to remain in the ordinary dwelling 
house of the family, and to occupy the same and the mes- 
suages thereunto appertaining, and field adjacent, if any, 
not to exceed forty acres, free of rent, for one year from 
the death of her husband. 

If a husband shall contract for lands before his death 
and the same are paid for after his death the widow shall 
have her one-third interest in the same. And if the hus- 
band shall have paid for any lands before death and the 
same is sold after death under any decree the widow shall 
have a third interest in same in proportion to the amount 
paid by him 

If the husband shall have given a mortgage to secure 
purchase money and the Avife did not join in said mort- 
gage she is not entitled to one-third interest in the same 
as against the mortgagee, but she is as against all other 
persons. 

If a wife shall have left her husband and is living in 
adultery at the time of his death she is not entitled to any 
part of his estate and this same rule applies to the husband 
when living in adultery. 

If a husband abandons his wife without cause, leaving 
her without comfortable support, or his children, he shall 
not take any part of her estate. 

Whenever an estate in lands shall be conveyed to a 
person and his intended wife, or to her alone, or to any 



AND FIRE INSURANCE. 369 

person in trust for her, for the purpose of creating a joint- 
ure for such intended wife, or for her benefit, the same shall 
be a bar to the right or claim of such wife in lands of her 
husband ; provided, the intended wife, at the time of the 
creation of such jointure, signified in writing indorsed 
upon or attached to the deed creating said jointure, her 
assent to receive the same in lieu of all right or claim of 
such wife in lands of the husband. 

Whenever an estate in lands or other property shall be 
conveyed to a woman and her intended husband, or to 
him alone as an equivalent for or in lieu of all right or 
claim ; provided, the intended husband, at the time of the 
execution of such conveyance, signified, in writing indorsed 
upon or attached to said conveyance, his assent to receive 
the same in lieu of all right or claim of such husband in 
the lands of the wife. 

The jointure of the wife, if consisting of real estate, 
must not 1)e less than a freehold estate in lands, to take 
efifect, in possession or profit immediately on the death of 
the husband. 

The assent of the wife to such jointure, if she be an 
infant, shall not be valid, unless her father (or if there be 
no father alive, then the mother; or if there be no mother, 
then the guardian) shall join therein. 

If, before her coverture, but without her assent, or if 
after her coverture any such jointure or pecuniary pro- 
vision shall be assured or given for her jointure, in lieu 
of her right to one-third of the lands of her husband, she 
shall make her election, within one year after the death 
of her husband, whether she will take such jointure or 
pecuniary provision, or whether she will retain her right 
to one-third of the lands of her husband ; but she shall 
not be entitled to both. 

If lands be devised to a woman, or pecuniary or other 
provision made for her by the will of her late husband, in 
lieu of her right in the lands of her husband, she shall 
take under his will, unless she shall make her election 



370 INSTRUCTION IN REAL ESTATE 

whether she will retain the right to one-third of his land ; 
but she shall not be entitled to both unless it plainly appear 
by the will to have been the intention of the testator that 
she have both. Such election shall be in writing signed 
by such woman and acknowledged before some officer 
authorized to take acknowledgment of deeds, and shall 
be made within one year after said Avill has been admitted 
to probate in this state, and be filed and recorded in the 
office of the clerk of the circuit court in which such will 
is probated and recorded by the clerk in the record of wills, 
reference being made from such record to the book and 
page in which the will is recorded and from the record 
of the will to the book and page in which such election is 
recorded. 

If a woman be lawfully evicted of lands assigned to 
her as jointure or be deprived of provision made for her 
as jointure ; or if a man be lawfully evicted of lands or 
deprived of other property conveyed to him in nature of 
jointure — which assignment, provision, or conveyance had 
barred her or his right in the lands of her husband or of 
his wife, as the case may be, then her or his right to a 
third of said lands shall revive and be in force. 

The alienage of any woman shall not bar right to one- 
third of her husbands lands, if her husband was a citizen 
of the United States, or of this state to entitle him to hold 
lands. 

A wife is entitled to one-third of her husband's lands, 
upon judicial sale thereof, where her inchoate interest is 
not directed by the judgment to be sold or barred. The 
rule applies to equitable titles. But this rule does not 
apply to any sale where the value exceeds $20,000 or over, 
except to so much of such real property as shall not exceed 
in value the sum of $20,000. 

A husband inherits the interest acquired by his wife at 
a judicial sale of his real estate, at her death. 

No real property in which any married woman holds 
such inchoate interest, as is provided for in this act, liable 



AND FIRE INSURANCE. 3/1 

to be sold with benefit of appraismeiit laws of this state, 
shall be sold on any execution or order of sale issued out 
of any court for less than four ninths of the appraised 
cash value thereof exclusive of liens and incumbrances. 

DISTRIBUTION OF PROPERTY BY WILL. 

All persons except infants and persons of unsound mind, 
may make a \\i]J, 

Married women may make a will. 

No will in writing, or any part thereof, shall be revoked 
unless the testator or some other person in his presence, 
and by his direction with intent to revoke, shall destroy, 
or mutilate the same, or such testator shall execute other 
writing for that purpose, signed, subscribed and attested. 
And if, after the making of any will, the testator shall 
execute a second, a revocation of the second shall not 
revive the first will, unless it shall appear by the terms 
of such revocation to have been his intention to revoke it ; 
or unless, after such revocation, he shall duly publish the 
previous will. 

If after the making of a will the testator shall have born 
to him legitimate issue, Avho shall survive him, or post- 
humous issue, then such will shall be deemed revoked, un- 
less provision shall have been made in such will for issue. 

In case such child dies without issue, and the wife of 
such testator be living, the estate except the wife's inter- 
est therein, shall descend according to the terms of the 
will ; and in case of the death of the wife and also of the 
child without issue, the whole of such estate shall descend 
as directed in the will, unless the child have a wife living 
at his death, in which case such wife shall hold such estate 
to her use so long as she remains unmarried. 

The marriage of a testatrix revokes her w^ill. 

When any testator, after making his will, shall execute 
a contract for the conveyance of any property devised in 
such will, and any part of the purchase money remains 
unpaid, such conveya^CQ shall not be deemed a revocation, 



37^ INSTRUCTION IN REAL ESTATE 

unless it shall appear from the contract to have been his 
intention. 

An incumbrance shall not be deemed a revocation. 

If after having made a will devising property a testator 
shall make a conveyance of his interest therein and shall 
take back a ncAv estate therein, such new estate shall pass, 
by his will, to the person to whom the original estate 
was devised, unless it shall appear from such will, or by 
the conveyance of his interest therein, or by the instrument 
by the force of which such new estate is taken back, that, 
the testator intended that such conveyance should oper- 
ate as a revocation of such devise. 

A conveyance settlement, deed, or other act of testator, 
by which his estate or interest in property previously 
devised by him shall be altered but not wholly divested, 
shall not be deemed a revocation of such devise but the 
same shall pass to the devisee or legatee of the actual es- 
tate, or interest of the testator which would otherwise de- 
scend to his heirs, unless such devise shall be otherwise 
revoked, or unless, in the instrument by which such alter- 
ation is made, the intention is declared that it shall operate 
as a revocation of such previous devise ; but if, in any 
case, the provisions of the instrument by which such alter- 
ation is made are wholly inconsistent with the terms and 
nature of such previous devise such instrument shall 
operate as a revocation thereof, unless such provisions 
depend on a condition or contingency, and such condition 
be not performed or such contingency do not happen. 

In construing wills the court looks to the whole instru- 
ment and construes each part with relation to the language 
used in other parts of the instrument Avhich sheds any 
light on the controverted portion of the will. 

When any estate is taken in whole or in part from any 
devisee for the payment of any debts of the testator, the 
other devisees shall contribute their respective portions 
of the loss to the person from whom the estate was taken, 
unless the testator shall have exempted any from so doing. 



And fire msiuRANcR. 3)^3 

Whenever any part of the testator's real estate is unde- 
vised and the personal property is insufficient for the pay- 
ment of his debts, the undevised real estate shall first 
be applied to the payment of said debts, unless otherwise 
provided in the will. 

^\'henever a devise is made by a testator to a person, 
and that person dies before the testator, and leaves an 
heir, that heir shall take the inheritance. 

Whenever any testator shall devise real estate and there 
be a mortgage against the same and no provision is made 
for the payment of said mortgage the same shall be paid 
as follows : 

1. If such testator shall have charged any particular 
part of estate with payment of his debts, such mortgage 
shall be considered a part of such debt. 

2. If there be any part of said estate undevised or be- 
queathed, then said mortgage shall be paid out of same. 

The discharge of any demand of the testator against any 
person as a specific bequest of such demand and the 
amount thereof, shall be included in the inventory of the 
efifects of the deceased and, if necessary for the purpose, 
be applied to the payment of his debts and if not necessary 
for the purpose shall be paid in the same manner as other 
specific legacies. 

The title of any lands or interest therein, purchased in 
good faith and for a valuable consideration from the heir- 
at-law of any person who has died seized of real estate, 
shall not be impared by virtue of any devise made by 
such person of the real estate so purchased, unless the 
will or codicil containing such devise shall have been 
fully proved, and recorded in the office of the clerk of the 
court having jurisdiction, within three years after the 
death of the testator, except : 

1. Where the devisee shall have been within the age 
of twenty-one years, of unsound mind, imprisoned, or out 
of the state at the death of such testator. 

2. Where it shall appear that the existence of such will 



374 INSTRUCTION IN REAL ESTATE 

In which case the limitation above Specified shall not 
or codicil shall have been concealed from or unknown to 
such devisee. 

commence until after one year shall have expired from the 
time such disability shall have been removed or such will 
or codicil shall have been or come into the control of such 
devisee or representatives or have been deposited in the 
clerk's office of the Circuit court. 

No will, except a nun-cupative will, shall effect any 
estate, unless it be in writing, signed by the testator, or 
by some person in his presence with his consent, and at- 
tested and subscribed in his presence by two or more witnesses. 

No nun-cupative will shall be valid when more than the 
value of one hundred dollars is bequeathed, nor unless it be 
made in the last sickness of the testator and the subject be 
reduced to writing within fifteen days after it shall have been 
the testator in affect request some of them present bear witness 
thereto and no such nun-cupative will shall be proved after six 
months from the death of the testator nor until his widow and 
heirs shall have reasonable notice of the time and place of 
proving the same. 

Soldiers and mariners in actual military service may dispose 
of their personal property by nun-cupative will. 

Upon the death of a testator any person may have the will 
probated that has an interest in the same. 

A person having the will of a deceased in his possession can 
be compelled by citation from the court to produce the same 
in court. 

A will must be proved in court by one or more of the sub- 
scribing witnesses thereto, or in case the witnesses are out of 
the state or dead, then by proving the handwriting of the tes- 
tator or of the subscribing witnesses thereto. 

Depositions of the subscribing witness to a will can be taken 
to prove the same. 

If any person who is a subscribing witness to a will have an 
interest in the same and the will cannot be proved without his 



AND FIRE INSURANCE. 375 

testimony the same shall be void as to him and his heirs, and 
he shall be compelled to testify the same as if a disinterested 
person, as to the execution of such will. 

Every will when probated shall have a certificate attached 
thereto so stating. 

A will must be made of record by the clerk. 

If the clerk refuses to admit a will to probate application 
can be made to the court. 

No will executed in this state and proven or allowed in any 
state or country shall be admitted to probate within this state 
unless executed according to the laws of this state. 

NOTARY PUBLIC. 
Applicants must have certificates of character from a judge 
of the Circuit Court. Women are eligible. Application, ac- 
companied by certificate of character, should be sent to Secre- 
tary of State who will notify when to appear and take oath of 
office. Appointment is made by the Governor. Fee $i. 
Term of office, four years. Fees — administering oath lo 
cents ; taking acknowledgment 25 cents ; protesting 50 cents ; 
notice of protest 25 cents. 

LAW CONCERNING ACKNOWLEDGMENTS TAKEN 
OUTSIDE THE STATE. 
Acknowledgments in this state taken before a notary public, 
justice of the peace, mayor of a city, auditor, recorder or judge 
or clerk of a court of record ; in another state before any com- 
missioner appointed by the governor of this state or before 
some officer of another state there having authority to take 
acknowledgments, which fact must be certified by the clerk 
of any court of record thereof and attested by the seal of said 
court or before a notary public therein without such certifica- 
tion by the clerk ; and the same rule applies to acknowledg- 
ments, taken in another county of this state, that applies to the 
acknowledgments of another state ; in a foreign country such 
may be taken or proved before any minister, consul or charge 
d'aflfairs of the United States, who by the laws thereof has 
such power, or it may be taken in another language than the 



376 INSTRUCTION IN REAL ESTATE 

English and attested by official seal of such officer or it must 
be accompanied by a certificate of such officer stating that 
such instrument is duly executed according to the laws of such 
country, and that the officer had authority to take it. 

INDIAN TERRITORY. 

STATUTE LAW RELATING TO DEEDS. 

Deeds and fee simple title to land in town are now given. 
All land in the Indian Territor}- not within the limits of incor- 
porated towns, is held in common by the members of the vari- 
ous tribes. The law for allotment of the land in severalty is 
being carried into effect; lands are being allotted to Indian 
citizens. 

If a deed be not recorded or filed for record in the office 
of the clerk and ex officio recorder of the county where the 
real estate may be situated, a subsequent purchaser or mort- 
gagee for value, not knowing of the previous transfer will 
have preference to the first purchaser, if his deed be first re- 
corded. They are valid without witnesses but two are usual. 
They must be under seal, but a scroll seal is sufficient. 

STATUTE LAW RELATING TO MARRIED WOMEN. 

A married woman has the same right and power concerning 
property and to contract, sue and be sued, as if married, but a 
mortgage or conveyance of her realty is void unless her hus- 
band join therein, and she cannot be legally bound as surety, 
guarantor or accommodation endorser, but she may not sue 
her husband exept for divorce or to protect her separate prop- 
erty when he has deserted and separated himself from her 
without sufficient cause, or neglected or refused to support 
her, nor may he sue her except under like circumstances, ex- 
cluding the matter of support. If a wife be insane, by proper 
proceedings in court and giving security, the husband may 
have her estate placed in his care. If a wife do not join in a 
deed for her husband's realty and lie die first she will have 
dower therein (one-third for life). 

Hie Inisband is liable for the support of his family, but if 



AND FIRE INSURANCE. 377 

the wife order necessaries for the family, both may be sued 
and collection enforced against the wife's property if the hus- 
band do not have sufficient. 

WARRANTY DEED. 
Indian Territory county of 

Know all men by these presents, that for and in considera- 
tion of dollars to the undersigned grantor. . in hand 

paid by the receipt whereof is hereby acknowledged 

the said do grant, bargain, sell and convey 

unto the said the following described real estate to 

wit : situated in county. 

To have and to hold the said property unto the said 

heirs and assigns forever. 

And do for heirs, executors and admin- 
istrators, covenant with said heirs and assigns that 

lawfully seized in fee simple of said premises ; that 

they are free from all encumbrances, and that have 

a good right to sell, and convey the same as aforesaid; that 
' . will and heirs and executors and admin- 
istrators shall warrant and defend the same to the said 

heirs, executors and assigns forever, against the lawful claims 
of all persons. 

In witness whereof, the said party of the first part has here- 
unto set his hand and seal the day and year first above written. 

(seal.) 

Signed, sealed and delivered in the presence of 



Indian Territory, 

Personally appeared before the undersigned, a (official 
character) within and for the county aforesaid, duly commis- 
sioned and acting, A. B., to me well known as the person 
whose name appears upon the within and foregoing deed as 
one of the parties grantor, and stated that he had executed 
the same for the consideration and purposes therein men- 
tioned and set forth. 

Also voluntarily appeared C. B., wife of the said A. B., 



37^ INSTRUCTION IN REAL ESTATE 

to me well known, and in the absene of her husband, declared 
that she had of her own free will executed the same and signed 
the relinquishment of dower for the purposes therein contained 
and set forth, without compulsion or undue influence of her 
said husband. 

Witness my hand and seal as such (official character) this 

day of A. D., 19. . 

(Name and official character.) 

MORTGAGE FORM. 

This indenture witnesseth that A. B., of party of 

the first part, (if the mortgage is that of a married man and 
the wife joins, as is commonly the case, to extinguish her 
dower rights, insert "and Mary B., his wife" and make other 
corresponding changes below. If the land mortgaged belongs 

to a married woman insert "and , her husband," and 

make other necessary changes below,) in consideration of 

dollars to him paid by C. D., party of the second 

part, the receipt whereof is hereby acknowdelged, does hereby 
give, grant, bargain, sell, release, convey and confirm to the 
said C. D., his heirs ("successors" instead of "heirs" if mort- 
gage is to a corporation) and assigns forever the following 

described premises, situate in the of 

county of and state of , (describe it so that 

it may be accurately identified) and all the right, title and 
interest of the said A. B. either in law or equity, in and to 
the said premises ; together with all the appurtenances to the 
same belonging. To have and to hold the same unto the said 
C. D., his heirs and assigns forever, and the said A. B., for 
himself and his heirs, executors and administrators, hereby 
covenants with the said C. D., his heirs and assigns that he, 
the said A. B., is lawfully seized of the said premises, in fee 
simple, and has full right and power to convey the same, that 
the title and premises so conveyed are clear and unincumbered ; 
(if there are any exceptions to this state them, and further, 
that he will warrant and defend the same against all claim or 
claims of all persons whomsoever. Provided, nevertheless. 



AND FIRR INSURANCE. 379 

that whereas the said A. B., has executed and dehvered unto 
the said C. D., a certain (bond, promissory note, or as the case 
may be) bearing even date herewith (then proceed to further 
describe it so that it may be identified with certainty, or, if 
short, a copy of it may be here inserted, the fact being stated 
that it is a copy). 

Now if the said A. B., his heirs, executors, administrators 

or assigns shall pay said debt or sum of dollars and 

interest which shall accrue thereon to the said C. D., his heirs 
or assigns, according to the tenor thereof, then this mortgage 
shall be void. 

In witness thereof, the said A. B has hereunto 

set his hand and seal this day of in the year 

of our Lord 

A. B. (seal.) 

Signed and acknowledged in presence of 
E. F. 
G. H. 
Indian Territory, 

Personally appeared before the undersigned, a (official 
character) within and for the county aforesaid, duly commis- 
sioned and acting, A. B., to me well known as the person 
whose name appears upon the within and foregoing deed as 
one of the parties grantor, and stated that he had executed 
the same for the consideration and purposes therein men- 
tioned and set forth. 

Also voluntarily appeared C. B., wife of the said A. B., 
to me well known, and in the absence of her husband, declared 
that she had of her own free will executed the same and signed 
the relinquishment of dower for the purposes therein contained 
and set forth, without compulsion or undue influence of her 
said husband. 

Witness my hand and seal as such (official character) this 
day of A. D., 19. . 

(Name and official character.) 



380 INSTRUCTION IN RfeAL KSfATfi 

STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 

Chattel mortgages shall be proved and acknowledged in the 
same manner as deeds for the conveyance of real estate, and 
the same shall be recorded, or filed without recording, in the 
Judicial district in which the property is situated at the time 
the mortgage is executed, likewise where the mortgagor is a 
non-resident of the Indian Territory. 

If the mortgage be recorded it shall continue in full force 
for a period of five years from the date the debt becomes due. 
A mortgage upon personal property may be filed without being 
recorded by delivering the same to the recorder in the district 
where the property is situated, having endorsed thereon the 
words "This instrument is to be filed, but not recorded," which 
endorsement is to be signed by the mortgagee, his agent or 
attorney, and from the date of the filing of the same it becomes 
a lien upon the property therein described for the period of one 
year, and no longer, unless within thirty days next preceding 
the expiration of one year from such filing, and each year 
thereafter the same is renewed by the mortgagee, his agent or 
attorney, who shall make an affidavit exhibiting the interests 
of the mortgagee at the time, stating the amount then due and 
unpaid. 

Mortgages executed on future crops authorized, are binding 
the same as if made upon property already in being. 

CHATTEL MORTGAGE. 

Know all men by these presents that residing in 

county of state of party of the 

first part, being justly indebted to , residing in 

party of the second part, in the sum of dollars which 

is hereby confessed and acknowledged, has, for the purpose 
of securing the payment of said debt, granted, bargained, sold 
and mortgaged, and by these presents does grant, bargain, 
sell, and mortgage unto the said party of the second part, his 
heirs, executors, administrators and assigns, all that certain 
personal property described as follows, to wit: (Describe it 



AND FIRE INSURANCE. 381 

and state where it is and in whose possession), all of which 
property the part}' of the first part covenants is free and clear 
from all liens and encumbrances, (here mention Exemptions, 
if any) and the said party of the first part for himself, his 
heirs, executors and administrators, all and singular, the 
goods, chattels and personal property above bargained and 
sold, unto the said party of the second part, his executors, 
administrators and assigns, against him and all and every other 
person or persons, whomsoever, shall and will warrant and 
forever defend. 

To have and to hold, all and singular said goods, and chat- 
tels, unto the said party of the second part, his heirs, executors, 
administrators and assigns, forever; provided, always, and 
these presents are upon this expressed condition : That if the 
said party of the first part shall pay or cause to be paid unto 
the said party of the second part, his heirs or assigns the sum 

of dollars, according to the condition of two (or as 

the case may be) certain promissory notes executed by 

payable to at viz. $ dated 

due with interest at per cent, per 

annum, until paid (or omitting all after "promissory notes" 
and inserting ''of whcih the following are copies" and then 
insert copies, or if the indebtedness is not represented by pro- 
missory notes its character may be otherwise indicated.) 
Then these presents to be void and of no effect. And in case 
any default shall be made in the payment of any of said notes 
or other indebtedness, or any part thereof, or should the mort- 
gagor sell or attempt to sell or otherwise dispose of the prop- 
erty, hereby conveyed, or any part thereof, without the con- 
sent of the mortgagee, or his assigns, or should any of said 
property be levied on by attachment, or otherwise, or should 
the mortgagee or his assigns at any time feel insecure, then in 
either event the mortgagee or his assigns, his agent or his 
attorney is hereby authorized to take possession of the prop- 
erty without process of law, and sell and dispose of the same 
at public or private sale ; if at a public sale, after ten days' 
notice by printed or written notices posted in conspicuous 



382 INSTRUCTION IN REAL ESTATE 

places, at which sale any of the parties hereto may purchase 
as others and after satisfying the amount of said notes and all 
other indebtedness to the holder of this mortgage then exist- 
ing, and all expenses, the surplus, if any, shall be paid over to 
the mortgagor, or his legal representatives or assigns. 

And the mortgagor hereby waives any and all rights of 
appraisement, sale and redemption secured to him by Chapter 
ex. of Mansfield's Digest of the Statutes of Arkansas, ex- 
tended over and put in force in the Indian Territory by act of 
Congress of May 2, 1890. . 

In witness whereof, the said party of the first part hereunto 
sets his hand and seal this day of A. D., 

(seal.) 

Signed and delivered in the presence of 
Indian Territory, 

Personally appeared before the undersigned, a (official 
character) w^ithin and for the county aforesaid, duly commis- 
sioned and acting, A. B., to me w^ell known as the person 
whose name appears upon the within and foregoing deed as 
one of the parties grantor, and stated that he had executed 
the same for the consideration and purposes therein mentioned 
and set forth. 

Also voluntarily appeared, C. B., wife of the said A. B., to 
me well knowai, and in the absence of her said husband, de- 
clared that she had of her own free will executed the same and 
signed the relinquishment of dower for the purposes therein 
contained and set forth, without compulsion or undue influ- 
ence of her said husband. 

Witness my hand and seal as such (official character) this 

day of A. D., 19. . 

(Name and official character.) 



STATUTE LAWS RELATING TO BILLS OF SALE. 
The statute of frauds of the state of Arkansas has been put 
into force in this territory. It is similar to other statutes upon 



AND FIRE INSURANCE. 383 

this subject. Where a bill of sale, although absolute upon its 
face, was intended by the party as security for money ad- 
vanced, it will be held and treated as a mortgage, and this may 
be shown by parol testimony. A bill of sale unaccompanied by 
the delivery of the possession of the goods sold is prima facie 
fraudulent and void as to creditors, but this presumption of 
fraud may be rebutted. 

BILL OF SALE FORM. 

Know all men, by these presents, that I, A. B., of , in 

consideration of the sum of dollars, to me in hand paid 

by C. D,, of the same place, at and before the ensealing and de- 
livering of these presents, the receipt whereof I do hereby ack- 
nowledge, (or if the consideration be different state it,) have 
bargained, sold, released, granted, and confirmed, and by these 
presents, do bargain, sell, release, grant, and confirm, unto' the 
said C. D., all the following goods, household stuff, and imple- 
ments of household, (or as the case may be) (here describe 
each article so it can be identified) now remaining and being 
(mention where they are) to have and to hold all and singular 
the said goods and chattels, etc., and every one of them, by 
these presents bargained, sold, released, granted, and con- 
firmed, unto the said C. D., his heirs, executors, administrators, 
and assigns, to his and their only proper use and behalf for- 
ever. 

Witness my hand and seal, this fourth day of , A. D. 

19..... 

Signed, sealed and delivered in presence of 
E. G. 
A. R. ' A. B. (Seal) 

STATUTE LAW RELATING TO LANDLORD AND 

TENANT. 
Where lands are held by any person without any special 
agreement, the owner thereof may recover a fair and reason- 
able compensation for their use and occupation, but this does 
not include tenants in common. 



384 INSTRUCTION IN REAL ESTATE 

If growing crop, the landlord has an absolute lien for his 
rent, and paramount to all others, but for other than growing 
crops there is no lien for rent. Property exempt from rent 
contract is the same as from other contracts. 

Landlord must give three days' notice, in writing, to quit 
before he can expel his tenant by reason of expiration of lease, 
or for non-payment of rent, or for any kind of unla\vful de- 
tainer. 

A lease not in writing, when for more than one year's dura- 
tion, is void after one year. 

LEASE FORM. 

This indenture made and executed this .... day of 

A. D., 19. ., between of , of the first part, and 

, of , of the second part, witnesseth that in con- 
sideration of the rents and covenants hereinafter expressed, 
the said party of the first part has demised and leased, and 
does hereby demise and lease to the said party of the second 

part the following premises, viz. : (describe them) with 

the privileges and appurtenances, for and during' a term of . . . 

from the day 19. -, which term will end 

And the said party of the second part covenants that he will 
pay to the party of the first part, for the use of said premises, 

the yearly rent of dollars ($. . ), to be paid monthly in 

advance in equal installments, without demand therefor being- 
made by the party of the first part. 

And provided, said party of the second part shall fail to pay 
said rent, or any part thereof, when it becomes due, it is agreed 
that said party of the first part may sue for the same, or re- 
enter said premises, or resort to any legal remedy. 

The party of the .... part agrees to pay all taxes to 

be assessed on said premises during said term 

The party of the second part covenants that at the expira- 
tion of said term he will surrender up said premises to the 
party of the first ])art in as good condition as now, necessary 
wear and damage by the elements excepted. 



AND FIRE INSURANCE. 385 

Witness the hands and seals of the said parties the day and 
year first above written. 

A. B. (seal). 
C. D. (seal). 

Signed, sealed and delivered in presence of 
E. R, 
G. H. 

Note. — Leases should be made in duplicate, one for each 
party. 

EXEMPTION AND HOMESTEAD LAWS. 

The improvements of all kinds made upon the lands belong- 
ing to either of the Five Civilized Tribes by any citizen thereof 
are exempt from execution. 

Debtor allowed $500 personal property, if married or the 
head of a family, together with a homestead not to exceed 160 
acres ; if the homestead be a farm and exceed $2,500. in value 
it can be cut down as low as 80 acres, but not lower regard- 
less of value ; if it be property in town and exceed $2,500. in 
value it can be cut as low as one-quarter acre, but not less, 
regardless of value. If he is not a married man nor the head 
of a family, he is only entitled to $200 worth of personal prop- 
erty as exempt. Exemptions are only allowed as against debt 
by contract. A man cannot claim real estate or personal prop- 
erty as against the unpaid purchase price. To be entitled to 
exemptions he must be a resident of this state. 

STATUTE LAW RELATING TO LIMITATION. 
Suits to recover lands must be brought within seven years 
accrued to the claimant or his predecessor in title. Suits upon 
written instruments, sealed or unsealed, must be brought with- 
in five years from maturity or from date of partial payment. 

DECEDENT'S DEBTS. 

Order of preference: I. Funeral expenses. 2. Medicine and 

medical attendance during decedent's last illness and servant's 

wages for one year. 3. Judgments rendered against deceased 

in his lifetime, and which are liens on his lands, if he died 



386 INSTRUCTION IN REAL ESTATE 

possessed of any. 4. All other debts without regard to the 
quality of the same. As against real estate, however, mort- 
gages take preference to any of the above. All claims not ex- 
hibited within two years are barred. 

STATUTE LAW RELATING TO DESCENT AND 
DISTRIBUTION WHEN NO WILL IS LEFT. 

Subject to payment of the decedent's debts a widow takes 
one-third of the realty for life and one-third of the personalty 
absolutely. But the widow may relinquish dower and take 
absolutely a child's share of estate. 

A surviving husband has a life estate in the whole of his 
deceased wife's realty, whether there be issue or not. He 
shares her personalty equally with her children, the issue of 
any deceased child takes the share of its parent, but if she 
leave no issue living, he takes it all absolutely. 

Subject to the rights above mentioned, realty descends and 
personalty is distributed as follows : 

Children share equally. If grandchildren alone, or if other 
descendants of any one degree of consanguinity alone take 
the estate, all share equally (per capita). If the descendants 
are of dififerent degrees of consanguinity to the intestate, they 
share per stirpes, that is, the issue of a deceased child or 
grandchild or other descendant taking the share the parent 
would if living. 

In default of issue, subject to the rights of the widow or 
surviving husband, if any, realty goes to the deceased person's 
father and mother (or to the one if the other be dead), during 
their joint lives, and the life of the survivor of them, and the\- 
(or the one living), in like manner, take the personalty abso- 
lutely. 

Subject to the above, the brothers and sisters of the whole 
blood shall take the realty in equal shares, the children of a 
deceased brother or sister, nephew or niece, taking the share of 
their parent. If there be no brothers or sisters, but nephews 
and nieces of the whole blood, they shall share per capita. If 
there be no such brother, sister or children or grandchildren 



AND FIRE INSURANCE. 387 

thereof, the real estate shall vest in the next of kin being the 
descendants of such brothers or sisters. Subject to what pre- 
ceeds, all personal estate goes to the brothers and sisters of 
the intestate or their issue as in case of real estate, but without 
distinction of blood. 

Subject to all the foregoing, real estate descends to brothers 
and sisters of the half blood and their issue as above indicated 
in case of collaterals of the whole blood. 

In default of all persons above described, the real and per- 
sonal estate will go to the next of kin, but children of deceased 
uncles and aunts shall take the share of their parents, as like- 
wise will brothers' and sisters' grandchildren where their par- 
ents and grandparents are dead, and if such kin be one or more 
than one grandparent and there be living at the time of the 
intestate's death descendants of a deceased grandparent, such 
descendants of the deceased grandparent shall take his or her 
share of the real and personal property, in equal parts if they 
all be of the same degree of consanguinity to the grandparent ; 
and if not, then per stirpes. 

Notwithstanding the above, if the real estate become vested 
in the intestate by descent, gift or devise from an anestor or 
other relation, such real estate shall pass to the blood of such 
ancestor or other relation only. 

Realty and personalty, in default of known heirs or kindred, 
go to the widow or surviving husband absolutely, or, in default 
of these also, it escheats to the commonwealth. 

Descendants and relatives of an intestate begotten before 
death but born after, take as if born in his lifetime. Nothing 
above set forth prevents an intestate in his lifetime advancing 
to a child part or all of his or her share. 

The foregoing does not apply to illegitimates, but an ille- 
gitimate child takes and is known by the name of its mother, 
and it and its issue and mother and grandmother respectively 
take and inherit personalty and realty, and transmit the same 
according to the intestate laws, and the illegitimates born of 
the same mother leaving neither mother nor issue take and in- 
herit from each other. 



388 INSTRUCTION IN REAL ESTATE 

DISTRIBUTION OF PROPERTY BY WILL. 

Every person of sound mind 21 years old, may dispose of 
his or her real or personal estate by will in writing, which, un- 
less the person in making the same shall be prevented by the 
extremity of his last sickness, shall be signed at the end there- 
of by himself or by some person in his presence by his ex- 
press direction. The will must be proved by the oaths or 
affirmations of two or more competent witnesses. If there 
are no subscribing witnesses, proof of the testator's signa- 
ture by witnesses who are acquainted therewith, will be 
sufficient. A testator may sign by making his sign or cross. 
Growing crops in lands held by a widow in dower or by 
other life tenant, may be disposed of by Avill as other per- 
sonalty, also a life tenant or any person entitled under laws 
regulating the descent and partition of real estate. 

Personal estate, if not in excess of $500. in value, may be 
bequeathed by non-cupative will made during the last sickness 
in the testator's habitation or dwelling, or where he has re- 
sided for 10 days or more next before the making of such will, 
also in case he be surprised by sickness while away from his 
own house and shall die before returning thereto. 

A devise of real estate to a person without referring to his 
heirs or using words of inheritance or 'perpetuity, passes all the 
estate of the testator therein, unless a contrary intent appear. 
The real estate acquired by a testator after making his will 
shall pass by a general devise, unless a contrary intention be 
manifest on the face of the will. If there be a devise or legacy 
in favor of a child or other lineal descendant, or where there 
is no lineal descendant, in favor of a brother or sister or the 
children of a deceased brother or sister, it shall not lapse or 
become void by reason of the devisee or legatee dying in the 
lifetime of the testator, provided such devisee or legatee leave 
issue who will take the devise or legacy. If any person make a 
last will and testament, and afterwards marry or have a child 
or children not provided for in such will, and die, such widow 
or child shall share in his estate as if no will had been made 
whether such child be born before or after his death. If a 



AND riRE INSURANCE. 389 

single woman make a will, and marry, it is thereby revoked. 
A husband may take what is given him under a wife's will, 
or he may take the same interest in her estate, real and per- 
sonal, that would be allowed a widow under the intestate laws, 
or he may take alone a life estate in the whole of her realty. 
No real or personal property shall be bequeathed, devised or 
conveyed, unless for a valuable consideration, for religious or 
charitable uses, except by deed or will attested by two credit- 
able disinterested witnesses at least one calendar month before 
the decease of the testator or grantor. Wills take effect as if 
executed immediately before the testator's death, unless a con- 
trary intent appear. 

The probate or refusal of probate of a will if not contested 
within three years, is conclusive as to real estate. 

NOTARY PUBLIC. 

Applicant must be a citizen. Application should be made to 
the Secretary of State, who will notify when to appear and 
take oath of office. Appointment is made by the Governor. 
Fee $5. Term of office four years. $i.ooo bond required. 

Fees — notice of protest, 50 cents ; entering protest 75 cents ; 
taking acknowledgments 50 cents ; administering oaths, 25 
cents. 

LAW CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 
Acknowledgments made out of this state of deeds, mort- 
gages, and other instruments conveying land for record in 
Indian Territory, may be made before, if within the United 
States, any court of the United States or any state or terri- 
tory having a seal, or the clerk of any such court, or before 
any notary public or before the mayor of any city or town or 
the chief officer of any city or town having a seal, or by a com- 
missioner appointed by the governor of this state, or before 
any clerk or a court of record in the Indian country, embracing 
the five civilized tribes, provided such clerk have a seal. When 
acknowledged outside the United States, before the court of 



390 TNSTRIU riON TX REAT. KSTATF. 

any state, kingdom or empire having a seal, or any mayor or 
chief officer of a town having a seal, or other officer having 
an official seal and qualified to perform like service in his own 
country. 

IOWA. 

STATUTE LAW RELATING TO DEEDS. 
No instrument affecting real estate is of any validity against 
subsequent purchasers for a valuable consideration, without 
notice, unless recorded in the office of the recorder of the 
county in which the same lies. The use of private seals in 
written contracts, except those of corporations, is abolished. 

STATUTE LAW RELATING TO MARRIED WOMEN. 
A married woman may own in her own right real and per- 
sonal property, acquired by descent, gift or purchase, and man- 
age, sell and convey the same, and dispose thereof by will, to 
the same extent and in the same manner the husband can, pro- 
perty belonging to him. Should the husband or wife obtain 
the possession or control of property belonging to the other 
before or after marriage, the owner of the property may main- 
tain an action therefor, or for any right growing out of the 
same, in the same manner and extent, as if they were unmar- 
ried. For civil injuries committed by a married woman, dam- 
ages may be recovered from her alone, and her husband shall 
not be liable therefor, except in cases where he would be 
jointly liable with her if the marriage did not exist. A wife 
may receive the wages for her personal labor, and maintain 
an action therefor in her own name, and hold the same in her 
own right, and may prosecute and defend all actions for the 
preservation and protection of her rights and property, as if 
unmarried. Neither husband nor wife is liable for the debts 
or liabilities of the other incurred before marriage, nor are they 
liable for the debts of each other contracted after marriage ; 
nor are the wages, earnings or property of either, nor is the 
rent or income of the property of either, liable for the separate 
debts of the other. Contracts may be made by a wife and lia- 
])ilities incurred, and the same enforced bv or ai^-ainst her, to 



AND FIRE INSURANCE. 39I 

the same extent and in the sanie manner as if she were unmar- 
ried. The expenses of the family and the education of the chil- 
ch-en are chargeable upon the property of both husband and 
wife, or of either of them, and in relation thereto they may be 
sued jointly or separately. Neither husband or wife can re- 
move the other nor the children from the homestead without 
the consent of the other, and if the husband abandons the wife 
she is entitled to the custody of the minor children, unless the 
district court upon application for that purpose, shall otherwise 
direct. 

WARRANTY DEED. 
The State of county of 

Know all men by these presents, that for and in considera- 
tion of dollars, to the undersigned grantor in 

hand paid by the receipt whereof is hereby acknow.l- 

edged the said do grant, bargain, sell and con- 
vey unto the said the following described real estate, 

to wit : situated in county. State of 

To have and to hold the said property unto the said .... 
heirs and assigns forever. 

And do for heirs, executors and administra- 
tors, covenant with said heirs and assigns that ...... 

lawfully seized in fee simple of said premises ; that they are 

free from all encumbrances and that have a good right 

to sell and convey the same as aforesaid ; that will and 

heirs, executors and administrators shall warrant and 

defend the same to the said heirs, executors and a~ 

signs forever, against the lawful claims of all persons. 

In witness whereof, the said party of the first part has here- 
unto set his hand and seal the day and year first above written. 

(seal.) 

(seal.) 

Signed, sealed and delivered in ])resence of 



State of Iowa, County of , ss : 



392 INSTRUCTION IN REAL ESTATE 

On this day A. D. 19 . ., before me, (here 

insert name and official character of the officer taking the ac- 
knowledgment), in and for the said county, personally came 

to me personally known to be the identical person .... 

whose hand affixed to the above deed as grantor ..... 

and acknowledged the execution of the same to be . . . volun- 
tary act and deed. 

Witness my hand and .... the day and year above written. 
State of Iowa, County of , ss : 

Be it remembered, that on this .... day of A. D. 

19 .., before me, the undersigned in and for said 

county, came , to me personally known to be the identi- 
cal person whose name subscribed to the fore- 
going power of attorney, and acknowledged the instrument 

to be voluntary act and deed, and that executed 

the same for the pur^xDses therein mentioned. 

Witness my hand and .... the day and year above written. 

(Name and official character.) 



MORTGAGE FORM. 

This indenture witnesseth that A. B., of party of the 

first part, (if the mortgage is that of a married man and the 
wife joins, as is commonly the case, to extinguish her dower 
or other rights, insert ''and Mary B., his wife" and make other 
corresponding changes below. If the land mortgaged belongs 

to a married woman insert ''and , her husband" and 

make other necessary changes below,) in consideration of . . . . 
dollars to him paid by C. D., party of the second part, the re- 
ceipt whereof is hereby acknowledged, does hereby give, 
grant, bargain, sell, release, convey and confirm to the said 
C. D., his heirs ("successors" instead of "heirs" if mortgage 
is to a corporation) and assigns forever the following de- 
scribed premises, situate in the of .... county of 

and state of , (describe it so that it may be accurately 

identified) and all the right, title and interest of the said A. B. 
cither iu law or ecjuity, iu and to the said premises; together 



' ■ AND FIRE INSURANCE. 393 

with all the appurtenances to the same belonging. To have and 
to hold the same unto the said C. D., his heirs and assigns for- 
ever, and the said A. B., for himself and his heirs, executors, 
and administrators, hereby covenants with the said C. D., his 
heirs and assigns that he, the said A. B., is lawfully seized of 
the said premises, in fee simple, and has full right and power 
to convey the same, that the title and premises so conveyed are 
clear and unincumbered; (if there are any exceptions to this, 
state them) and further, that he will warrant and defend the 
same against all claim or claims of all persons whomsoever. 
Provided, nevertheless, that whereas the said A. B., has exe- 
cuted and delivered unto the said C. D,, a certain (bond, 
promissory note, or as the case may be) bearing even date 
herew^ith (then proceed to further describe it so that it may 
be identified with certainty, or, if short, a copy of it may 
be here inserted, the fact being stated that it is a copy). 

Now if the said A. B., his heirs, executors, administrators 
or assigns shall pay said debt or sum of dollars and in- 
terest which shall accrue thereon to the said C. D., his heirs or 
assigns, according to the tenor thereof, then this mortgage 
shall be void. 

In witness thereof, the said A. B has hereunto set 

his hand and seal this day of in the year of our 

Lord A. B. (seal.) 

Signed and acknowledged in presence of 

E. F. 
G. H. 

State of Iowa, County of , ss : 

On this day of , A. D., 19. ., before me, (here in- 
sert name and official character of the officer taking 
acknowledgment), in and for said county, personally 

came to me personally known to be the identical 

person . . whose hand . . affixed to the above deed as 
grantor.., and acknowledged the execution of the same 
to be voluntary act and deed. 



394 INSTRUCTION IN REAL ESTATE 

Witness my hand and the day and year above 

written. 

State of Iowa, County of , ss : 

Be it remembered, that on this day of , 

A. D., 19. ., before me, the undersigned in and for 

said county, came , to me personally known to be 

the identical person., whose name., subscribed to the 
foregoing power of attorney, and acknowledged the instru- 
ment to be voluntary act and deed, and that 

executed the same for the purposes therein mentioned. 

Witness my hand and the day and year first 

above mentioned. (Name and official character.) 



STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 

A chattel mortgage where the mortgagor retains actual 
possession is not valid against existing creditors or sub- 
sequent purchasers unless the mortgage is executed in 
writing and acknowledged and filed with the recorder of 
the county where the holder of the property resides. 

No incumbrance of personal property which is exempt 
from the execution b}^ the head of a family shall be of 
any validity as to such exempt property unless the same 
be by written instrument and the husband and wife both 
join in the same joint instrument. This does not apply to 
incumbrance for the purchase money. 

CHATTEL MORTGAGE. 

Know all men by these presents, that residing in 

, county of , state of , party of the first 

part, being justly indebted to , residing in , 

party of the second part, in the sum of dollars, 

which is hereby confessed and acknowledged, has, for the 
purpose of securing the payment of said debt, granted, bar- 
gained, sold and mortgaged, and by these presents docs 
grant, bargain, sell and mortgage unto the said party of 
the second i)art, his heirs, executors, adniiuistrators and 



AND 1-TRE TNSURANCr.. 395 

assigns, all that certain personal property described as 
follows, to wit: (Describe it and state where it is and in 
whose possession), all of which property the party of the 
first part covenants is free and clear from all liens and 
encumbrances, (here mention Exemptions, if any) and the 
said party of the first part for himself, his heirs, executors, 
and administrators, all and singular, the goods, chattels 
and i:)ersonal property above bargained and sold, unto the 
said party of the second part, his executors, administra- 
tors and assigns, against him, the said party of the first 
part, and against all and every other person or persons, 
whomsoever, shall and will warrant and forever defend. 

To have and to hold, all and singular, said goods, and 
chattels, unto the said party of the second part his heirs, 
executors, administrators and assigns, forever; provided, 
always, and these present are upon this express condition : 
That if the said party of the first part shall pay or cause 
to be paid unto the said party of the second part, his 

heirs or assigns, the sum of dollars, according to 

the conditions of two (or as the case may be) certain 

promissory notes, executed by , payable to , 

at , viz., $ , dated due , with 

interest at .... per cent per annum, until paid (or omitting 
all after ''promissory notes" and inserting *'of which the 
following are copies," and then insert copies, or if the in- 
debtedness is not represented by promissory notes, its 
character may be otherwise indicated). Then these pres- 
ents to be void and of no effect. And as long as the con- 
ditions of this mortgage are fulfilled, the said party of the 
first part is to remain in peaceful possession of said prop- 
erty, and in consideration thereof agrees to keep said pro])- 
erty in as good condition as it now is, at the cost and ex- 
pense of said first party. 

In witness whereof, the said party of the first part has 

hereunto set his hand and seal, this day of 

A. D., 19. . . . (seal.) 

Signed and delivered in the presence of 



39^ INSTRUCTION IN REAL ESTATE 

STATUTE LAW RELATING TO RILLS OF SALE. 

Bill of sale of personal property is good between the 
parties thereto but not as to third parties such as creditors 
of the seller if he retain possession, without notice, unless 
a written instrument conveying the same is executed and 
acknowledged like conveyances of real estate and filed 
for record with the recorder of deeds where the holder of 
the property resides. 

BILL OF SALE FORA^. 

Know all men, by these presents, that I, A. B., of , 

in consideration of the sum of dollars to me in 

hand, paid by C. D., of the same place, at and before the 
ensealing and delivering of these presents, the receipt 
whereof I do hereby acknowledge, (or if the consideration 
be different, state it), have bargained, sold, released, 
granted and confirmed, and by these presents, do bargain, 
sell, release, grant, and confirm, unto the said C. D., all 
the following goods, household stuff, and implements of 
household (or as the case may be), (here describe each 
article so it can be identified), now remaining and being 
(mention where they are) to have and to hold all and sin- 
gular the said goods and chattels, etc., and every one of 
them, by these presents bargained, sold, released, granted, 
and confirmed, unto the said C. D., his heirs, executors, 
administrators, and assigns, to his and their only proper 
use and behalf forever. 

Witness my hand and seal, this fourth day of , 

A. D., 19.. A. B. (seal) 

Signed, sealed and delivered in presence of 
E. G. 
A. R. 
State of Iowa, County of ss : 

On this day of , A. D., 19. ., before me, 

(here insert name and official character of the officer tak- 
ing the acknowledgment) in and for said county, per- 



AND FIRE INSURANCE. 397 

sonally came to me, personally known to be the 

identical person., whose hand., affixed to the above deed 
as grantor. ., and acknowledged the execution of the same 
to be voluntary act and deed. 

Witness my hand and the day and year above 

written. 

State of Iowa, County of , ss : 

Be it remembered, that on this day of , 

A. D., 19.., before me, the undersigned , in and 

for said county, came , to me personally known to 

be the identical person., whose name., subscribed to the 
foregoing power of attorney, and acknowledged the in- 
strument to be voluntary act and deed, and that 

...... executed the same for the purposes therein men- 
tioned. 

Witness my hand and the day and year first 

above written. (Name and official character.) 



STATUTE LAWS RELATING TO LANDLORD 
AND TENANT. 

A landlord has a lien for rent upon all crops grown 
upon premises or any other personal property kept on 
premises belonging to tenant, not exempt from execution, 
for a term of one year after the rent for any term falls 
due, but in no case for longer than six months after the 
term of lease expires. The lien may be enforced by com- 
mencement of an action within the period above pre- 
scribed and the landlord is entitled to a writ of attachment. 
No bond is required for landlord's attachment. 

Any person in the possession of real estate is presumed 
to be a tenant at will until the contrary is shown, and 
thirty days' notice in writing must be given by either party 
before he can terminate such tenancy. But when rent is 
payable at intervals less than thirty days, length of notice 
need not be greater than such interval. But where there 
is an agreement fixing the time of termination of the 



39^ INSTRUCTION IN REAL ESTATE 

tenancy it shall then terminate without notice. In case 
of tenants at will occupying cultivating farms, the notice 
must fix the time of termination of tenancy at March i. 

A tenant holding over after his term has expired is liable 
to double rent during the time he holds over. 

Non-payment of rent is a ground for action of forcible 
entry and detainer. 

LEASE FORM. 

This indenture, made the day of , in the 

year of our Lord one thousand nine hundred and , 

between A. B., of , of the first part, and C. D., of 

, of the second part, witnesseth : That the said A. 

B., for and in consideration of the yearly rent and cove- 
nants hereinafter mentioned and reserved, on the part 
and behalf of the said C. D., his executors, administrators 
and assigns, to be paid, kept, and performed, hath demised, 
granted, and leased, and by these presents doth demise, 
grant, and lease, unto the said C. D., his executors, admin- 
istrators, and assigns, all that messuage and lot of ground, 

situate, lying and being in the aforesaid, bounded 

northward, etc. (here describe the. premises), together with 
all and singular building and appurtenances thereunto be- 
longing. To have and to hold the said messuage and lot 
of ground, and all and singular the premises hereby 
demised, with the appurtenances, unto the said C. D., his 

executors, administrators, and assigns, from the 

clay of ...... next ensuing the date hereof, for and during 

the term of years thence next ended ; yielding and 

paying for the same unto the said A. B., his executors, 
administrators, and assigns, the yearly rent or sum of 

dollars, in four equal quarterly payments (or as 

the case may be) of dollars each, the first of which 

to be made on the day of next. 

And the said C. D., for himself, his heirs, executors, and 
administrators, doth covenant, promise, and agree to and 
with the said A. B., his hcirjj, executors, administrators, 



AND FTRR INSURANCE. 399 

and assigns, by these presents, that he, the said C. D., his 
heirs, executors, and administrators, shall and will well 
and truly pay or cause to be paid unto the said A. B., his 
heirs, executors, administrators, or assigns, the said yearly 

rent of dollars, hereby reserved, on the several 

days and time hereinbefore mentioned and appointed for 
the payment thereof, according to the true intent and 
meaning of these presents. And the said A. B., for him- 
self, his heirs, executors, and administrators, doth cove- 
nant, promise, and agree to and Avith the said C. D., his 
heirs, executors, administrators, and assigns, by these 
presents, that he, the said C. D., his executors, administra- 
tors, and assigns (paying the rent and performing the 
covenants aforesaid), shall and may peaceably and quietly 
have, hold, use, occupy, possess and enjoy the said 
demised premises, with the appurtenances, during the term 
aforsaid, without the lawful let, suit, tr'ouble, eviction, 
molestation or interruption of the said A. B., his heirs or 
assigns, or any other person or persons whatsoever. 

And second party covenants that said rents, whether 

due or to become due, shall be a perpetual lien on 

whether the same be exempt from execution or not ; and 
the said party further agrees that if any of the rents herein 
specified shall become due and remain unpaid for the 
period of days, then, and in that case, it shall be op- 
tional with said party to declare this lease void ; and upon giv- 
ing days notice thereof, re-enter upon said premises, 

and remove all persons therefrom without process of law, 
and proceed with the remedy of forcible entry and de- 
tainer, as provided by the statute. 

Witness the hands and seals of the said parties the day 
and year first above written. A. B. (seal.) 

C D. (seal.) 

vSigned, sealed and delivered in presence of 
E. F. 
G. H. 



400 INSTRUCTION IN RKAL ESTATE 

EXEMPTION AND PIOMESTEAD LAWS. 

The homestead of every family, whether owned by 
husband or wife is exempt from judicial sale. The home- 
stead is, however, subject to mechanic's liens for work or 
material on the home and for debts contracted by the 
owner prior to the acquisition of the homestead. No con- 
veyance of or contract to incumber or convey the home- 
stead is valid when owner is married unless both husband 
and wife join in the execution of the same joint instru- 
ment. The homestead in town may contain not over one- 
half acre, or in the country not over forty acres and shall 
have but one house thereon, but in either case if the value 
of same is less than $500 it may be increased to that 
amount. The homestead is not exempt from a debt for 
unpaid purchase money thereof. 

To a non-resident or unmarried person not the head of 
a family there is exempt their own necessary wearing 
apparel and trunk necessary to contain the same. 

If a debtor be a resident of the state and a man of family 
he may hold exempt from execution all wearing apparel of 
himself and family and trunk, one musket, rifle or shot- 
gun, all private libraries, pictures, etc., a seat in a house 
of worship, an interest in a burying ground, two cows, 
two calves, fifty sheep and the wool therefrom, six stands 
of bees, five hogs and all pigs under six months and nec- 
essary food for all animals exempt from execution, all 
homestead furniture, and the necessary instruments or 
books of the debtor's trade or profession. 

Pension money and property paid for with pension 
money is exempt. The proceeds of all life insurance is 
exempt. 

STATUTE LAW RELATING TO FENCES. 
A land owner need not fence cattle out. Their owner 
must fence them in. Township trustees are fence viewers 
to determine disputes about the building and maintenance 
of line fences between the improved or enclosed lands of 
two owners. 



AND FIRE INSURANCE. 4OI 

Fences along public highways made in whole or in part 
of wire with or without barbs are lawful fences subject 
to restriction imposed by municipal authority. Like fences 
are also legal as line fences. 

STATUTE LAW RELATING TO LIMITATION. 
Suits to recover land must be brought within ten years 
after the right accrued to claimant or his predecessors in 
title. Suit to recover land sold for non-payment of taxes 
must be brought within five years after the execution and 
recording of treasurer's deed. 

DECEDENT'S DEBTS. 
Order of preference: i. Expenses of administration, 
charges of the last sickness and funeral of deceased, and 
next, any allowance made by the court for the maintenance 
of the widoAv and minor children. 2. Debts entitled to 
preference under the laws of the United State. 3. Public 
rates and taxes. 4. Claims filed within six months after 
the first publication or posting of the notice given by the 
executors or administratorsaof their appointment. 5. All 
other debts. 6. Legacies and the distributive shares, if 
any. Liens, however, such as judgments and mortgages 
take preference to any of the above. The executor or ad- 
ministrator shall proceed to pay the claims of the first of 
the above classes as soon as he is possessed of sufficient 
means. After the expiration of the time for filing the 
claims of the fourth of the above classes, they shall pro- 
ceed to pay off all claims against the estate in the order 
stated, as fast as the means of so doing came into their 
hands, but no payment can be made to a claimant in any 
one class until those of a previous class are satisfied. All 
claims of the fifth of the above classes not filed and 
allowed, or if filed and notice thereof is not served within 
twelve months from the giving of the notice aforesaid, will 
be barred, except as to actions against decedent pending in 
the district or supreme court at the time of his death, or 



402 INSTRUCTION IN REAL ESTATE 

unless peculiar circumstances entitle the claimant to 
equitable relief. 

STATUTE LAW RELATING TO DESCENT AND 
DISTRIBUTION WHEN NO WILL IS LEFT. 
One-third in value of all the legal or equitable estates 
in real property possessed by the husband at any time 
during the marriage, which have not been sold on execu- 
tion or other judicial sale, and to which the wife had made 
no relinquishment of her right shall be set apart as her 
property in fee-simple if she survive him. The same share 
of the real estate of a deceased wife shall be set apart to 
the surviving husband. All provisions made in regard to 
the- widow of a deceased husband shall be applicable to 
the surviving husband of a deceased wife. The distribu- 
tive share of the survivor shall JDC set off so as to include 
the ordinary dwelling house given by law to the home- 
stead, or so much thereof as will be equal to the share 
allotted to her as set out above, unless she prefers a dif- 
ferent arrangement ; but no such arrangement shall be per- 
mitted unless there be sufficient property remaining to 
pay the debts of the decedent. The survivor's share can- 
not be affected by any will of the spouse unless consent 
thereto is given within six months after a copy thereof has 
been served upon the survivor and the other parties inter- 
ested in the estate, and notice that such survivor is re- 
quired to elect whether consent thereto will be given, 
which consent, when given, shall be open in court, or by 
a writing filed therein, which shall be entered on the proper 
records thereof; but if at the expiration of six months no 
such election has been made it shall be conclusively pre- 
sumed that such survivor consents to the provisions of 
the will and elects to take thereunder. Within six months 
after written notice to the survivor, given by any heir of 
a deceased intestate, or by the administrator of his es- 
tate in case a sale of the real estate is necessary to j^ay 
the debts, the survivor may elect to take the distributive 



AND FIRE INSURANCE. 403 

share, or the right to occupy the homestead, which elec- 
tion shall be made and entered of record. In case of a 
failure to make such election, the right to occupy the 
homestead in lieu of the distributive share shall be waived. 
Subject to the rights and charges above provided, the 
remaining estate of which the decedent died seized, shall 
in the absence of a will, descend in equal shares to his 
children, unless one or more of them is dead, in which case 
the heirs of such shall inherit his or her share in accord- 
ance with the rules herein prescribed, in the same manner 
as though such child had outlived its parents. If the in- 
testate leaves no issue, one-half of the estate shall go to 
the parents, and the other half to the spouse, if no spouse, 
the whole shall go to the parents. If one of the parents is 
dead, the portion which would have gone to such deceased 
parent shall go to the survivor, including the portion 
which would have belonged to the intestate's spouse, had 
one been living. If both parents are dead, the portion 
which would have fallen to their share by the above rules 
shall be disposed of in the same manner as if they had out- 
lived the intestate and died in possession and ownership 
of the portion thus falling to their share, and so on, 
through ascending ancestors and their issue. If heirs are 
not thus found, the portion uninherited shall go to the 
spouse of the intestate or to the heirs of such spouse if 
dead, according to like rules, and if such intestate had 
more than one spouse who either died or survived in law- 
ful wedlock, it shall be equally divided between the one 
who is living and the heirs of those who are dead, or be- 
tween the heirs of all, if all are dead, such heirs taking by 
right of representation. 

Illegitimate children inherit from their mother and she 
from them. They shall inherit from the father when the 
paternity is proven during his life, or they have been rec- 
ognized by him as his children : but such recognition must 
have been general and notorious or else in writing. 
Under such circumstances, if the recognition has been 



404 INSTRUCTION IN REAL ESTATE 

mutual, the father may inherit from his' illegitimate chil- 
dren. 

If there is property unherited, it shall escheat to the 
state. 

The personal property of the deceased not necessary for 
the payment of debts, nor otherwise disposed of, shall be 
distributed to the same persons and in the same propor- 
tions as though it were real estate. 

DISTRIBUTION OF PROPERTY BY WILL. 

Any person of full age and of sound mind may dispose 
by will of all his property, subject to the rights of home- 
stead and exemption created by law, and the distributive 
share in his estate given by law to the surviving spouse, 
except sufficient to pay his debts and expenses of adminis- 
tration; but where the survivor is named as a devisee 
therein, it shall be presumed, unless the intention is clear 
and explicit to the contrary, that such devise is in lieu of 
such distributive share, homestead and exemptions. No 
devise or bequest, however, to a corporation, not for pe- 
cuniary profit, shall be valid in excess of one-fourth of the 
testator's estate after payment of debts, if a spouse, child 
or parent survive the testator. Property to be subse- 
quently acquired may be devised when the intention is 
clear and explicit. 

Personal property to the value of three hundred dollars 
may be bequeathed by a verbal will witnessed by two 
competent persons, but if such bequest is of greater value 
it shall be valid only to that extent. A soldier in actual 
service, or a mariner at sea, may dispose of all his personal 
estate by a will so made and witnessed. All other wills, 
to be valid, must be in writing, signed by the testator, or 
by some other person in his presence and by his express 
direction writing his name thereto, and witnessed by two 
competent persons ; but if a codicil is duly executed to a 
will defectively executed and clearly identified in such 
codicil, the will and codicil shall be considered one instru- 



AND FIRE INSURANCE. 405 

ment and the execution of both sufficient. Wills can only 
be revoked in whole or in part by being cancelled or de- 
stroyed by the act or direction of the testator, with the 
intention of so revoking them, or by the execution of sub- 
sequent wills. When done by cancellation, the revocation 
must be w^itnessed in the same manner as the making of 
a new will ; the subsequent birth of a legitimate child to 
the testator before his death will operate as a revocation. 
Posthumous children unprovided for by the parents' will 
shall inherit the same interest as though no will had been 
made, and the amount thus allowed to such a child, as well 
as that of any other claim which it becomes necessary to 
satisfy in disregard of or in interests of heirs, devisees, 
and legatees. If a devisee die before the testator, his heirs 
shall inherit the property devised to him, unless from the 
terms of the will a contrary intent is manifest. 

NOTARY PUBLIC. 

Applicant must be a citizen of the United States. Appli- 
cation should be made to the Secretary of State who will 
notify when to appear and take oath of office. 

Appointment is made by the Governor. Fee, $5. Term 
of office, three years from the next July 4th. Bond of 
$500 is also required. Fees — Protesting, 75 cents ; regis- 
tering protest, 50 cents ; administering an oath, 25 cents ; 
taking acknowledgment, 50 cents. 

LAW CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 
Deeds, mortgages and other instruments concerning 
land for recording in Iowa, may be acknowledged before a 
notary public in this or any other country, or before any 
officer or magistrate in the United State authorized to 
take acknowledgments by the local law, but if he be out 
of the state and not a notary, a certificate of his authority 
so to act must be added by the clerk of a local court of 
record. They may be acknowledged in foreign countries 



406 iNSTRUCTiON TN REAL ESTATE 

before ambassadors or other United States of^cers exer- 
cising ministerial functions. 

KANSAS. 

STATUTE LAW RELATING TO DEEDS. 
The term "heirs" or other words of inheritance are not 
necessary to create or convey an estate in fee simple. To 
convey a less than the entire estate of the grantor the 
intent must be expressly implied in the terms of the grant. 
The power in an agent or attorney must be executed with 
the same solemnity as a deed. Where the grantor fails 
or refuses to acknowledge a deed, proof of the due execu- 
tion and delivery thereof may be made by competent tes- 
timony before any court or officer authorified to take 
acknowledgments. Acknowledgments sufficient under 
the law of the state where taken, are sufficient under the 
laws of this state. A deed is not valid except as between 
parties and those having actual notice thereof until filed of 
record. 

STATUTE LAW RELATING TO MARRIED 
WOMEN. 

A married woman has the same right in regard to prop- 
erty and to contract, sue and be sued, as if single, but in 
mortgaging her property her husband must join in con- 
veying the same, otherwise the transfer is void. Prop- 
erty of the wife is not liable for the debts of the husband, 
she may carry on business on her separate account and 
her earnings shall be her sole and separate property and 
may be used and invested by her in her own name. 

If a wife be insane, by proper proceedings in probate 
court, a guardian may be appointed to take care of her 
property. If the wife does not join in a deed for the trans- 
fer of her husband's realty and he die first she will have 
dower right therein (one-half). 

The husband is liable for the support of his wife and 
family, but where the wife orders necessaries for the family, 



AND FIRE INSURANCE. 407 

both may be sued and collection enforced against the wife's 
property if the husband does not have sufficient to satisfy 
the debt. 

WARRANTY DEED. 

This indenture, made this day of A. D., 

19. ., between , of of the first part, and 

of of the second part : 

Witnesseth : That the said part., of the first part, in 

consideration of the sum of and dollars, to 

duly paid, ha. . sold, and by these presents do. . 

grant and convey to the said part. . of the second part, 

heirs and assigns, all that tract or parcel of land 

situated in the county of , state of Kansas, and de- 
scribed as follows, to wit : with the appurtenances, 

and all the estate, title and interest of the said part. . of 
the first part therein. And the said part. . of the first 
part do. . hereby covenant and agree that at the delivery 

hereof the lawful owner. . of the premises above 

granted, and is seized of a good and indefeasible estate 
of inheritance therein free and clear of all incumbrances 

and will warrant and defend the same in 

the quiet and peaceable possession to the said part 

of the second part heirs and assigns, forever, 

against all persons lawfully claiming the same 

In witness wdiereof, the said parties of the first part 
have hereunto set their hands and seals, the day and year 
first above written. J. J. (seal.) 

Mary J. (seal.) 

Signed, sealed and delivered in the presence of 
E. A. 
R. M. 
State of Kansas, County of , ss : 

On this day of , A. D., 19.., before me, 

the undersigned, a notary public in and for said county and 

state, personally appeared and , his wife, 

to me known to be the persons described in and 



408 INSTRUCTION IN REAL ESTATE 

who executed the foregoing instrument and acknowledged 

that executed the same, as free act and deed, 

for the purpose therein set forth. 

My commission as a notary public will expire on the 
day of , A. D., 19. . 

Witness my hand and notarial seal, the day and year 
first above written. (Name and official character.) 



MORTGAGE FORM. 

This indenture witnesseth that A. B., of , party 

of the first part, (if the mortgage is that of a married man 
and the wife joins, as is commonly the case, to extinguish 
her dower or other rights, insert ''and Mary B., his Avife," 
and make other corresponding changes below. If the land 

mortgaged belongs to a married woman insert ''and , 

her husband," and make other necessary changes below), 

in consideration of dollars to him paid by C. D., 

party of the second part, the receipt whereof is hereby ac- 
knowledged, does hereby give, grant, bargain, sell, release, 
convey and confirm to the said C. D., his heirs ("succes- 
sors" instead of "heirs" if mortgage is to a corporation) 
and assigns forever, the following described premises, sit- 
uate in the of , county of and state 

of , (describe it so that it may be accurately identi- 
fied) and all the right, title and interest of the said A. B., 
either in law or equity, in and to the said premises ; to- 
gether with all the appurtenances to the same belonging. 
To have and to hold the same unto the said C. D., his 
heirs and assigns forever, and the said A. B., for himself 
and his heirs, executors and administrators, hereby cove- 
nants with the said C. D., his heirs and assigns that he, 
the said A. B., is lawfully seized of the said premises, in 
fee simple, and has full right and power to convey the 
same, that the title and premises so conveyed are clear and 
unincuml)ere(l ; (if there arc any exceptions to this state 
them) and further, that he will warrant and defend the 



AND FIRE INSURANCE. 409 

same against all claim or claims of all persons whomsoever. 
Provided, nevertheless, that whereas the said A. B., has 
executed and delivered unto the said C. D., a certain (bond, 
promissory note, or as the case may be) bearing even date 
herewith (then proceed to further describe it so that it 
may be identified with certainty, or, if short, a copy of it 
may be here inserted, the fact being stated that it is a copy). 
Now, if the said A. B., his heirs, executors, administra- 
tors or assigns shall pay said debt or sum of dollars 

and interest Avhich shall accrue thereon to the said C. D., 
his heirs or assigns, according to the tenor thereof, then 
this mortgage shall be void. 

In witness thereof, the said A. B., has hereunto 

set his hand and seal this day of in the year 

of our Lord A. B. (seal.) 

Signed and acknowledged in presence of 
E. F. 

G. H. i 

State of Kansas, County of . . . . . .,ss: 

On this of A. D., 19.., before me, the 

undersigned, a notary public in and for said county and 

state, personally appeared and his wife, , to 

me known to be the persons described in and who executed 

the foregoing instrument and acknowledged that 

executed the same, as free act and deed, for the pur- 
pose therein set forth. 

My commission as a notary public will expire on the 
day of , A. D., 19. . 

Witness my hand and notarial seal, the day and year 
first above written. (Name and official character.) 



CHATTEL MORTGAGE. 

Know all men by these presents, that residing in 

county of , state of , party of the first 

part, being justly indel)ted to , residing in , 

party of the second part in the sum of dollars. 



410 INSTRUCTION IN REAL ESTATE 

which is hereby confessed and acknowledged, has, for the 
purpose of securing the payment of said debt, granted, 
bargained, sold, and mortgaged, and by these presents does 
grant, bargain, sell and mortgage unto the said party of 
the second part, his heirs, executors, administrators and 
assigns, all that certain personal property described as 
follows, to wit: (Describe it and state where it is and in 
whose possession), all of w^hich property the party of the 
first part covenants is free and clear from all liens and 
encumbrances, (here mention Exemptions, if any) and the 
said party of the first part for himself, his heirs, executors 
and administrators, and all and singular, the goods, chat- 
tels and personal property above bargained and sold, unto 
the said party of the second part, his executors, administra- 
tors and assigns, against him, the said party of the first 
part, and against all and every other person or persons, 
whomsoever, shall and will warrant and forever defend. 

To have and to hold, all and singular said goods, and chat- 
tels, unto the said party of the second part, his heirs, exec- 
utors, administrators and assigns, forever ; provided, 
always, and these presents are upon this express condition : 
That if the said party of the first part shall pay or cause 
to be paid unto the said party of the second part his heirs 

or assigns, the sum of dollars, according to the 

condition of two (or as the case may be) certain promis- 
sory notes, executed by payable to at , 

viz., $. . . . dated due with interest at .... 

per cent, per annum, until paid (or omitting all after 
''promissory notes" and inserting "of which the following 
are copies" and then insert copies, or if the indebtedness 
is not represented by promissory notes its character may 
be otherwise indicated). Then these presents to be void 
and of no effect. And in case any default shall be made in 
the payment of any of said notes or other indebtedness, 
or any part thereof, or should the mortgagor sell or attempt 
to sell or otherwise dispose of the property, hereby con- 
veyed, or any part thereof, without the consent of the 



AND FIRE INSTTRANCtt. 4tt 

mortg"age£\, or his assigns, or should any of said property 
be levied on by attachment, or otherwise, or should the 
mortgagee or his assign^ at any time feel insecure, then 
in either event the mortgagee or his assigns, his agent or 
his attorney is hereby authorized to take possession of 
the property without process of law, and sell and dispose 
of the same at public or private sale ; if at a public sale, 
after ten days aotice by printed or written notices posted 
in conspicuous places, at which sale any of the parties 
hereto may purchase as others and after satisfying the 
amount of said notes and all other indebtedness to the 
holder of this mortgage then existing, and all expenses, the 
surplus, if any, shall be paid over to the mortgagor, or his 
legal representatives or assigns. 

Said party of the first part further says and declares 
that the within chattel mortgage and note., secured by 
the same, contain no usury or unlaw^ful interest, and hereby 
acknowledges receipt in full of said sum of $. . . . with the 
exception of lawful interest, costs and expenses of making 
this loan, which he assumes and admits the making and 
signing of the within instrument to be his volutary act 
and deed. 

In witness whereof the said party of the first part here- 
unto sets his hand and seal this ...... day of , A. 

D., 19. . (seal.) 

Witness : 



State of Kansas, County of , ss : 

, being first duly sworn, says, that he is the lawful 

owner of the property described and included in the instru- 
ment of writing, and that he has full power to sell or mort- 
gage the same and give clear title, and that there are no 
chattel mortgages or liens upon said property. 



412 INSTRUCTION IN REAL ESTATE 

Siibscril)e(l to in my presence and sworn to before nie 

this day of , 19. . 

Notary Public. 

Term expires , 19. . 

State of Kansas, County, ss : 

I do solemnly swear, that I am the within named mort- 
gagee and that the property described in the within mort- 
gage, was on the day of , 19. ., conveyed to 

to secure the payment of dollars, of which 

sum there is yet due and unpaid the sum of dollars. 

So help me God. 

Subscribed and sworn to before me this day of 

....... 19. . Notary Public. 

Term expires , 19. . 

STATUTE LAW RELATING TO BILLS OF SALE. 

Bill of sale of personal property is good between parties, 
but not as to third parties when seller retains possession. 

All promissory notes now in existence or hereafter exe- 
cuted, evidencing the conditional sale of personal property, 
and that the title to the same is in the vendor until the pur- 
chase price is paid in full, shall be void as to innocent pur- 
chasers or the creditors of the vendee, unless the original 
instrument or a copy thereof shall be deposited in the office 
of the register of deeds in and for the county where the 
property shall be kept. 

BILL OF SALE FORM. 

Know all men by these presents, that I, A. B., of 

in consideration of the sum of dollars to me in hand 

paid by C. D., of the same place, at and before the enseal- 
ing and delivering of these presents, the receipt whereof 
I do hereby acknowledge, (or if the consideration be dif- 
ferent state it), have bargained, sold, released, granted, and 
confirmed, and by these presents, do bargain, sell release, 
grant, and confirm, unto the said C. D., all the following 
goods, household stuff, and implements of household, (or 



AND FIRE INSURANCE. 413 

as the case may be) (here describe each article so it can be 
identified) now remaining and being (mention where they 
are) to have and to hold all and singular the said goods 
and chattels, etc., and every one of them, by these presents 
bargained, sold, released, granted, and confirmed, unto 
the said C. D., his heirs, executors, administrators, and 
assigns, to his and their only proper use and behalf forever. 

Witness my hand and seal, this fourth day of , A. 

D., 19.. A. B. (seal.) 

Signed, sealed and delivered in presence of 
E. G. 
A. R. 

STATUTE LAWS RELATING TO LANDLORD 
AND TENANT. 

A tenant may waive, in writing, the benefit of the exemp- 
tion laws of this state for all debts contracted for rent. 

Thirty days notice, in writing, is necessary to terminate 
a tenancy at will. 

Three months notice, in writing, is necessary to termin- 
ate a tenancy from year to year. 

The first of March must be designated at the termination 
of tenancy occupying cultivated lands. 

Five days' notice, in writing, when tenancy is for less 
than three months. 

for:\i of notice to quit. 

Fort Scott, Kansas, , 19. . 

To . 

The stipulated rent for the premises now occupied by 

you as , to wit ....... in the city of Fort Scott, as 

my tenant, being now past due and unpaid, you are hereby 
notified to quit, and deliver up to me full possession of 

said premises in days from the date of the service 

of this notice or legal proceedings will be commenced 
against you to obtain possession of the same. 

Landlord. 

By Agent. 



414 INSTRUCTION IN REAL ESTATE 

LEASE FORM. 

This indenture, made the day of , in the 

year of our Lord one thousand nine hundred and , 

between A. B., of , of the first part, and C. D., of 

, of the second part, witnesseth : That the said A. B., 

for and in consideration of the yearly rent and covenants 
hereinafter mentioned and reserved, on the part and be- 
half of the said C. D., his executors, administrators and 
assigns, to be paid, kept, and performed, hath demised, 
granted and leased, and by these presents doth demise, 
grant, and lease, unto the said C. D., his executors, admin- 
istrators, and assigns, all that messuage and lot of ground, 

situate, lying and being in the aforesaid, bounded, 

northward, etc., (here describe the premises) together with 
all and singular, buildings and appurtenances thereunto 
belonging. To have and to hold the said messuage and 
lot of ground, and all and singular the premises hereby 
demised, with the appurtenances, unto the said C. D., his 

executors, administrators, and assigns, from the day 

of next ensuing the date hereof, for and during the 

term of years thence next ended ; yielding and paying for 
the same unto the said A. B., his executors, administrators, 

and assigns, the yearly rent or sum of dollars, in 

four equal quarterly payments (or as the case may be) of 

dollars each, the first of which to be made on the 

day of next. 

And the said C. D., for himself, his heirs, executors, and 
administrators, doth covenant, promise, and agree to and 
with the said A. B., his heirs, executors, administrators, 
and assigns, by these presents, that he, the said C. D., his 
heirs, executors, and administrators, shall and will well 
and truly pay or cause to be paid unto the said A. B., his 
heirs, executors, administrators, or assigns, the said yearly 

rent of dollars, hereby reserved, on the several days 

and times hereinl)ef()re mentioned and appointed for the 
payment thereof, according to the true intent and meaning 



AND FIRE INSURANCE. 4I5 

of these presents. And the said A. B., for himself, his 
heirs, executors, and administrators, doth covenant, prom- 
ise, and agree to and with the said C. D., his executors, 
administrators, and assigns, (paying the rent and perform- 
ing the covenants aforesaid) shall and may peaceably and 
quietly have, hold, use, occupy, possess and enjoy the said 
demised premises, with the appurtenances, during the term 
aforesaid, without the lawful let, suit, trouble, eviction, 
molestation or interruption, of the said A. B., his heirs or 
assigns, or any other person or persons whatever. 

And the said party of the second part hereby expressly 
waives the benefits of all exemptions of the state of Kan- 
sas, relating to personal property for the payment of said 
rent. 

W'itness the hands and seals of the said parties the day 
and year first above written. A. B. (seal.) 

C. D. (seal.) 

Signed, sealed and delivered in presence of 
E. F. 
G. H. 

EXEMPTION AND HOMESTEAD LAWS. 

A homestead to the extent of 160 acres of land, or one 
acre within the limit of an incorporated town or city, occu- 
pied as a residence by the family of the owner, shall be 
exempted from forced sale under any process of law, and 
shall not be alienated without the joint consent of husband 
and wife when that relation exists ; but no property shall 
be exempt from sale for taxes, or for the erection of im- 
provements thereon. Every person residing in this state 
and being the head of a family shall have exempt: 

1. The family Bible, school books and family library. 

2. Family pictures and musical instruments used by the 
family. 

3. A seat or pew^ in any church or place of worship and 
a lot in any burial ground. 

4. All the wearing apparel of the debtor and his family ; 



4l6 INSTRUCTION IN REAL ESTATE 

all beds and bedding, bedsteads used by the debtor and 
his family; one cooking stove and appendages necessary 
for the use of the debtor and his family; one sewing ma- 
chine, all spinning wheels and looms, and all other imple- 
ments of industry and all other household furniture not 
herein enumerated, not to exceed in value $500. 

5. Two cows, ten hogs, one yoke of oxen, one horse or 
mule, or a span of horses or mules, twenty sheep and all 
wool from same, including harness and tackle for teams, 
not to exceed in value $300. 

6. The grain, meat, vegetable, groceries and other pro- 
visions on hand necessary for their use for one year, and 
also all fuel on hand necessary for their use for one year. 

7. The tools of a mechanic, miner or other person used 
and kept for their use and kept for the use of trade or busi- 
ness. 

8. The library and implements and office furniture of any 
professional man. 

STATUTE LAW RELATING TO FENCES. 

The trustee, clerk and treasurer in each township in this 
state shall be fence viewers in such township. A party 
having a fence insufficient in law cannot recover for injury 
done his crops by stock running at large and roaming upon 
his land. Legal fences are those composed of posts and 
rails, posts and pailings, posts and planks, or pallisades, 
posts and wire, rails laid up in a manner commonly called 
a worm fence, or turf with ditches on each side, or stone, 
or a hedge composed of either thorns or osage orange. 
Owners of real estate in any county in the state of Kansas 
shall keep all hedges along the public highway cut and 
trimmed down to not over five feet high. 

Where fence viewers assign to a land owner the erection 
or maintenance of certain fence and he neglects or refuses 
to comply, the aggrieved party may erect or maintain it 
and collect the cost, with interest at one percent a month, 
and costs. 



AND FIRE INSURANCE. 417 

In Barber, Pratt and Russell counties and all counties 
west of range 15 west of the sixth principal meridian, per- 
sons enclosing over 100 acres for grazing must provide a 
convenient swinging or lifting gate where the fence crosses 
a road established by custom or usage, but not a legally 
established highway; also proper and suitably located 
hitching posts on each side. 

STATUTE LAW RELATING TO LIMITATION. 

Actions for the recovery of real property sold on execu- 
tion, brought by the execution debtor, or a person claim- 
ing under him by title acquired after the date of judgment, 
within five years after the recording of the deed made in 
pursuance of the sale. 

Administrators or guardians upon an order or judgment 
of court, brought by the heirs or devisees of the deceased 
person, or ward of his guardian, or any person claiming 
under any or either of them, by title acquired aftei the 
date of the judgment or order, within five years after date 
of recording of deed made in pursuance of the sale. 

3. Actions for the recovery of real property sold for 
taxes, two years after date of recording tax deed. 

4. Actions not hereinbefore mentioned for the recovery 
of real property, within five years. 

STATUTE LAW RELATING TO IRRIGATION. 
Any person, company or corporation desiring to appro- 
priate water must post a notice in writing at a conspicuous 
place at the point of diversion, stating therein : i. That 
such person, company or corporation claims the water 
there flowing to the extent of (giving the number of) 
inches measured under a four inch pressure, and defining 
and describing as accurately, as may be the place of diver- 
sion. 2. The means by which such waters are intended 
to be diverted, and the size of the canal, ditch or aqueduct 
in which it is intended to be diverted, a copy must then 
be posted within ten days in the county clerk's office and 



4l8 INSTRUCTtON IN REAL ESTATE 

be recorded in a book kept for that purpose. Any person, 
company or corporation furnishing water under contract 
shall have a lien upon the whole crop grown upon said land 
for the full amount of contract price. Every right of use 
of water under this act shall be subject to the rigRt of emi- 
nent domain, and as public interest and economy may re- 
quire, may be condemned and compensated for as any 
other right of property. 

DECEDENT'S DEBTS. 

Order of preference : i. Funeral expenses. 2. Ex- 
penses of the last sickness, wages of the servants, demands 
for medicines and medical attendance during last sickness, 
and the expenses of administration. 3. Debts due the 
state. 4. Judgments rendered against the deceased dur- 
ing life time; but if such judgments are liens upon the 
real estate of the deceased they take precedence of all ex- 
cept classes i and 2. 5. All other demands legally ex- 
hibited within the first year. 6. All demands legally ex- 
hibited within the second year. 7. All demands legally 
exhibited within the third year after granting letters on 
estate. 

All demands not legally exhibited within three years 
are forever barred except as to infants, persons of unsound 
mind, imprisoned or absent from the United States, in 
which case, three years after disability is removed. Claims 
not due for three years may be allowed if properly ex- 
hibited within that time. 

The proceeds of real estate sold for the payment of 
debts shall be applied first to discharge the costs and ex- 
penses of the sale including administrator's or executor's 
charges, second to the payment of liens upon the real estate 
sold, such as mortgages, judgments and the like in the 
order of their respective priorities and so far as they 
operated as a lien at the death of the deceased, third to the 
discharge of debts in the order above given. 



AND FIRE INSURANCE. 4I9 

STATUTE LAW RELATING TO DESCENT AND 
DISTRIBUTION WHEN NO WILL IS LEFT. 

The widow of a deceased husband and the husband of a 
deceased wife are each entitled to the same rights in the 
estate of the other and a Hke interest descends to their 
respective heirs. 

Estates of dower and by curtesy and survivorship in 
joint tenancy are abolished. 

Exemptions from distribution and from the payment of 
debts of intestates are a homestead (one hundred and sixty 
acres of farming land or one acre w^ithin the limits of an 
incorporated town or city) occupied by the intestate and 
his family at his death as a residence and continued to be 
so ocupied by the widow and his children or either of 
them after his death and all the improvements thereon. 
This exemption does not apply to an incumbrance given 
by consent of both husband and w^ife or to an obligation 
for the purchase thereof or to a lien for the erection of 
improvements thereon. If the intestate leave both widow 
and children, such homestead may be divided if the widow re- 
marry or when all the children arrive at the age of majority. 
The same applies to surviving husbands. 

If there be issue, the surviving husband or widow, sub- 
ject to the foregoing procisions, is entitled to one-half in 
value of all the real estate in which the deceased at any 
time during marriage had a legal or equitable interest, 
which has not been sold on execution or other judicial 
sale and is not necessary for the payment of debts and of 
wliich the sur\iving husband or wife has made no convey- 
ance ; except where the surviving husband or wife is not 
at the time of conveyance by the intestate or never has been 
a resident of the state. Continuous cohabitation is pre- 
sumptive evidence of marriage for this purpose. 

In the absence of a wall, if there be no issue, the surviv- 
ing husband or widow inherits al the estate of the deceased. 

A will has no effect as to the surviving widow or hus- 
band's portion of one-half the estate unless the one so sur- 
viving accepted the provision thereof. 



420 INSTRUCTION IN REAL ESTATE 

Subject to the foregoing provisions and in the absence 
of a will the remaining estate of a deceased person de- 
scends equally to his children and their issue per stirpes ; 
if there be no issue or wife then to the parents equally, 
if both be living, or entirely to one if only one be living; 
if both are dead then to their heirs-at-law and so on 
through ascending ascestors and their issue. 

There is no distinction between the children of the whole 
blood and the children of the half blood. Posthumous 
children inherit as if born in life time of the intestate. 

Illegitimate children inherit from the mother and the 
mother from illegitimate children. Illegitimate children 
inherit from the father, when they are recognized by -him 
as his children and the father from illegitimate children 
when the recognition has been mutual. In thus inheriting 
from illegitimate children the mother and her heirs take 
preference of the father and his heirs. 

Advancements are considered as part of the estate of 
the intestate but if an advancement is in excess of the 
amount of the share coming to the heir, he cannot be re- 
quired to refund any portion thereof. 

Personal property not necessary for the payment of 
debts or by will otherwise disposed of, is distributed the 
same as real estate. 

DISTRIBUTION OF PROPERTY BY WILL. 

Any person of full age, sound mind and memory, having 
an interest in real or personal property of any description 
Avhatever, may give and devise the same to any person by 
last will and testament lawfully executed, subject never- 
theless to the rights of creditors and the law of this state. 

Every will except nuncupative wills shall be in writing 
and signed at the end thereof by party making same, or by 
some other person in his presence and by his express direc- 
tion, and shall be attested and subscribed in presence of 
such party by two or more competent witnesses who saw 
the testator subscribe or heard him acknowledge the same. 



AND FIRR INSURANCE. 421 

Every will, when admitted to probate, shall be filed in 
the office of the probate court and recorded, together with 
the testimony, in a book kept for that purpose. 

A copy of such record, with a copy of the order of 
probate annexed thereto, certified by the judge of the 
probate court, under his seal, shall be as effectual in all 
cases as the original would be if produced and established 
by proof. 

If real estate is situated in another county than where 
the w^ill is proved, an authenticated copy thereof and order 
of probate court, shall be admitted to record in the probate 
court of each county in Avhich such real estate may be 
situated upon the order of such probate judge, and have 
the same validity therein as if probate had been in such 
county. 

Wills must be contested within two years, if not the 
probate shall be forever binding except to persons under 
legal disability for the like period after the disability is 
removed. 

Authenticated copies of will made in any state or terri- 
tory of the United States, relative to any property in this 
state may be admitted to record in a probate court of any 
county in this state where any property may be situated, 
and are as valid as wills made under the law of this state. 

No married man can bequeath away from his wife more 
than one-half of his property, the same with the wife, but 
both can by consent, signed in presence of two witnesses, 
agree that the other may bequeath more than one-half of 
his or her property from the one so consenting. 

If will is made and testator has no children and a child 
is born after his death, the will shall be deemed revoked 
unless provisions shall have been made for the unborn 
heir. 

The widow may elect to take under the will or under 
the statute of descents and such election must be made 
within thirty daj^s after service of citation issued by pro- 
bate court upon her so to do. 



4^2 iNSTRfTCTtON JN REAL EStAffi 

Nuncupative wills shall be valid in regard to personal 
estate, if reduced to writing and subscribed by two com- 
petent disinterested witnesses within ten days after the 
speaking of the testamentary words and proved that testa- 
tor was of sound mind and memory and not under restrain 
and called upon persons present at the time words were 
spoken, to bear testimony to said disposition as his will. 
The same shall not be admitted to probate unless ofifered 
for probate within six months after death of the testator. 

NOTARY PUBLIC 

Applicant must be citizen of United States. Application 
should be made to the Secretary of State who will notify 
when to appear and take the oath of office. xA.ppointment 
is made by the Governor. Fee, $i. Term of office, four 
years. A bond for $1000 is required. 

Fees — Protesting and recording, 25 cents ; notice of pro- 
test, 10 cents; taking acknowledgment, 50 cents; admin- 
istering an oath, 25 cents. 

. LAW CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 

Acknowledgments made out of the state, of deeds, 
mortgages and other instruments concerning land for re- 
cording in Kansas, ma}^ be made before some court of 
record, or clerk or officer holding the seal thereof, or 
before some notary public or justice of the peace or before 
any consul of the United States resident in any foreign 
port or country. If taken before a justice of the peace, 
the acknowledgment shall be proven by a certificate of his 
official character under the hand of the clerk of some court 
of record, to which the seal of said court shall be affixed. 

KENTUCKY. 

STATUTE LAWS RELATING TO DEEDS. 
They are valid without witnesses. No deed shall be 
valid against a ])urchasc for valuable consideration, with- 



AND FIRE INSURANCE. 423 

out notice thereof, or against creditors, until such deeds 
shall be acknowledged and lodged of record. All bona 
fide deeds of trust or mortgages take effect in the order 
they may be acknowledged and put on record. 

STATUTE LAW RELATING TO MARRIED 
WOMEN. 

A married woman has the same right and power con- 
cerning property and to contract, sue and be sued, as if 
unmarried, but a mortgage or conveyance of her realty is 
void unless her husband join therein, and she cannot be 
legally bound as surety, guarantor, or accommodation en- 
dorser, but she may not sue her husband except for divorce 
or to protect her separate property when he has deserted 
and separated himself from her without sufficient cause, or 
neglected or refused to support her, nor may he sue her 
except under like circumstances, excluding the matter of 
support. If a husband be insane, by proper proceedings in 
court and giving security, the wife may sell her estate. 

The husband is liable for the support of his family, but 
if the wife order necessaries for the family, both may be 
sued and collection enforced against the Avife's property if 
the husband do not have sufficient. 

WARRANTY DEED. 

This deed, made and entered into between of the 

first part, and ...... of the second part, 

Witnesseth, That the said party of the first part, in con- 
sideration of the sum of , the receipt of which is 

hereby acknowledged, does hereby bargain, sell and con- 
vey to the party of the second part, the following de- 
scribed real estate, lying and being in county, Ken- 
tucky, and bounded as follows, viz : 

A lien is retained to secure payment of unpaid pur- 
chase money. To have and to hold the same, with all the 
ai)purtenances thereon, to the second part3^ his heirs and 
assigns forever, with covenant of "General Warranty" 



4^4 INSTRUCTION IN REAL ESTATE 

(Add the following release clause in conveyance by hus- 
band and wife) : And the said parties of the first part do 
hereby waive all interest they have ii^the above described 
property by way of homestead, homestead exemption, cur- 
tesy and dower, respectively. 

Witness our hands this .... day of A. D. 19. . 

Witness. 



State of Kentucky, County of .... ss : 

I, (name and official character) in and for said county, 
in the state aforesaid, do hereby certify that the foregoing 

instrument of writing from and his wife, was 

this day produced to me by the parties, and acknowledged 
to be their act and deed ; and the contents and effect of 
said instrument being explained to said by me sep- 
arate and apart from her husband, she thereupon declared 
that she freely and voluntarily executed and delivered the 
same, and consented that the same might be recorded. 

Given under my hand and seal of the office the of 

A. D., 19. . (Name and official character.) 

MORTGAGE FORM. 

Whereas, being indebted to ...... in the sum of 

does, for the purpose of securing the payment of 

said sum, . . . . , together with all interest and costs which 
may accrue thereon, hereby mortgage and convey unto the 

said the following described property, viz : 

warranted free of encumbrance and against any adverse 
claims. And said grantors especially release all claims 
of exemption under the exemption and homestead laws of 
Kentucky, all right of dower, inchoate or otherwise, in and 
to the premises hereby conveyed and these covenants and 
conveyances are especially made a part of this mortgage. 

To have and to hold the said property to the said 

and assigns forever, provided, nevertheless that if 

tlic aforesaid personal representative pay to said 

.,..,. the sum of with interest at .... per cent, 



AND FIRE INSURANCE. 425 

per annum from date until paid, on the .... day of ...... 

19.., then this deed of mortgage, and such other writings 
as may exist as evidence of said debt shall be null and 
void ; otherwise to be and remain in full force and effect. 
Witness .... hand this day of •. . . . 19. . 



State of Kentucky, County of Franklin, Set. 

I, N. B. Smith, clerk of the county court for the county 
aforesaid, do certify that the foregoing mortgage from . . . 
to. . .was, on the . . .day of. . . .19. ., produced to me in my 
county and acknowledged by .... to be .... act and deed, 
which is, with this certificate, duly recorded in my office. 
Given under my hand this .... day of .... 19. . 

Clerk. 

B ,D. C. 

CHATTEL MORTGAGE. 

I am justly indebted to in the sum of 

dollars evidenced by note of even date herewith, due .... 

after date, with . . . .per cent, interest from Now, in 

order to fully secure the payment of said note, I hereby 

bargain, sell and mortgage unto said the following 

described personal property now in my possession in 

county, Kentucky, viz : to have and to hold unto 

said his heirs and assigns, until said note, interest 

and cost of writing and recording this paper are paid, then 
this mortgage to be void. 

Glasgow, Ky., day of 19. . 



State of Kentucky, Barren County, set. 

I, , clerk of the Barren county court, certify 

that the foregoing mortgage to was, on the . . . day 

of 19.-, acknowledged by .... to be his act and 

deed, before ...., and acting deputy clerk for me, as ap- 
pears from his endorsement thereon as follows : 



4^6 INSTRUCTION IN REAL ESTATE 

and Avas on the day of .... 19. ., filed In my office for 

record, and the same and this certificate have been recorded 
in said office. 

Witness my hand this .... day of , 19. . 

C. B. C C. 

STATUTE LAWS RELATING TO BILLS OF SALE. 

Bill of sale of personalty is good between the parties 
thereto, but not as to third parties, such as creditors of the 
seller if he retain possession. 

BILL OF SALE FORM. 

Know all men, by these presents, that I, A. B., of , 

in consideration of the sum of dollars to me in hand 

paid by C. D. of the same place, at and before the enseal- 
ing and delivering of these presents, the receipt wherof I 
do hereby acknowledge, (or if the consideration be differ- 
ent state it,) have bargained, sold, released, granted, and 
confirmed, and by these presents, do bargain, sell, release, 
grant, and confirm, unto the said C. D., all the following 
goods, household stuff, and implements of household, (or 
as the case may be) (here describe each article so it can be 
identified) now remaining and being (mention where they 
are) to have and to hold all and singular the said goods and 
chattels, etc., and every one of them, by these presents bar- 
gained, sold, released, granted, and confirmed, unto the 
said C. D., his heirs, executors, administrators, and assigns, 
to his and their only proper use and behalf forever. 

Witness my hand and seal, this fourth day of ... . A. D., 
19.. 

Signed, sealed and delivered in presence of 
E. G. 
A. R. 

A. B. (Seal.) 



ANi) FIRK TKSTTRANCit 42^ 

STATUTE T.AW RELATING TO LANDLORD AND 
TENANT. 

For rent due the landlord shall have a superior lien on 
the produce of the farm or premises rented, and other per- 
sonal property of the tenant owned by him after posses- 
sion is taken under the lease; such lien shall not be for 
more than one year's rent due or to become due, nor for 
any rent which has been due for more than 120 days. Tf 
the property is removed from the premises the lien shall 
exist for lo days from the date of removal wherever the 
property is found. At any time before sale the tenant, on 
a distress for rent, may replevy the debt for three months 
by giving- a good bond, whereupon the property shall be 
restored. 

A tenancy by will or sufiferance may be terminated by 
the landlord giving one month's notice to quit. Where a 
contract of renting is to expire on a certain day, the tenant 
shall quit on that day without notice, unless by express 
contract he secures the right to remain longer. 

LEASE FORM. 

This indenture made and executed this .... day of .... 

A. D., 19. ., between of . . . ., of the first part, and 

of , of the second part, witnesseth that in 

consideration of the rents and covenants hereinafter ex- 
pressed, the said party of the first part has demised and 
leased, and does hereby demise and lease to the said party 

of the second part the following premises, viz : 

(describe them) with the privileges and appurtenances, for 

and during a term of .... from the .... day of .• 

19. ., which term w^ill end And the said party of 

the second part covenants that he will pay to the party of 
the first part, for the use of said premises, the yearly rent 
of .... dollars ($....), to be paid monthly in advance in 
equal installments, Avithout demand therefor being made 
by the party of the first part. 

And provided, said party of the second part shall fail to 



428 INSTRUCTION IN REAL ESTATE 

pay said rent, or any part thereof, when it becomes due, it 
is agreed that said party of the first part may sue for the 
same, or re-enter said premises, or resort to any legal 
remedy. 

The party of the part agrees to pay all .... taxes to 

be assessed on said premises during said term. 

The party of the second part covenants that at the ex- 
piration of said term he will surrender up said premises to 
the party of the first part in as good condition as now, 
necessary wear and damage by the elements excepted. 

Witness the hands and seals of the said parties the day 
and year first above written. 

C. D. (seal). 
A. B. (seal). 
Signed, sealed and delivered in presence of 
E. R, 
G. H. 

Note. — Leases should be made in duplicate, one for each 
party. 

EXEMPTION AND HOMESTEAD LAWS. 

There shall, on all debts or liabilities created or incurred 
after the first day of June, 1866, be exempt from sale under 
execution attachment or judgment, except to foreclose a 
mortgage given by the owner of a homestead, or for pur- 
chase money due therefor, so much land including the 
dwelling house and appurtenances owned by the debtors, 
who are actual bona fide housekeepers with a family, resi- 
dent in this commonwealth, as shall not exceed in value 
one thousand dollars ; but this exemption shall not apply 
to sales under execution, attachment or judgment, if the 
debt or liability existed prior to the purchase of the land, 
or of the erection of the improvements thereon. The 
homestead shall be for the use of the widow and the un- 
married infant children. Alany articles too numerous to 
mention here, are exempt to a man with a family. 



AND FIRE INSURANCE. 429 

STATUTE LAW RELATING TO FENCES. 

Every strong and sound fence of rails, or planks or iron 
or wire, or wire and plank, or of hedge four and one-half 
feet high, and being so close that cattle cannot creep 
through, or made of stone or brick, four and one-half feet 
high, or a ditch three feet deep and three feet broad, with 
a hedge two feet high, or a rail, plank, stone, smooth or 
barbed wire or brick fence two and one-half feet high on 
the margin thereof, the hedge or fence being so close that 
cattle cannot creep through, shall be deemed a lawful 
fence. The owner of the land shall have damages for such 
injury as is done for the first breach of cattle over a law- 
ful fence, and for every subsequent breach he shall have 
double damages. 

Persons owning adjoining lands may agree in regard to 
the erection of division fences between them, and the keeping 
the same in repair. 

STATUTE LAW RELATLNG TO LIMITATIONS. 

Suits to recover real property must be brought within 
fifteen years after the right to substitute it first accrued, to 
the plaintiff, or to the person through whom he claims. 

DECEDENT'S DEBTS. 

Order of preference, i. Funeral expenses. 2. Costs and 
charges of administration. 3. The amount of any trust 
estate remaining in the hands of decedent; as against real 
estate, however, liens, such as mortgages, take preference 
to any of the above. 4. All other debts paid ratably. Six 
months must run after the qualification of first executor 
or administrator before suit can be brought against same 
except to settle the estate. 

As against real estate, however, liens, such as mortgages, 
take preference to any of the above. 



430 INSTRUCTION IN REAL ESTATE 

STATUTE LAWS RELATING TO DESCENT AND 
DISTRIBUTION WHEN NO WILL IS LEFT. 

A widow takes one-third of the realty for life and one- 
half of the personalty absolutely. (Even if there be a will 
she may elect to take this in lieu of what the will allows 
her.) 

A surviving husband has a life estate in one-third of his 
deceased wife's realty, whether there be issue or not, and 
one-half the personalty absolutely. Subject to the rights 
above mentioned, realty descends and personalty is dis- 
tributed as follows : 

Children share equally. If the descendants are of differ- 
ent degrees of consanguinity, to the intestate, they share 
per stirpes, that is, the issue of a deceased child, grand- 
child, or other descendant take the share the parent would 
if living. 

In default of issue, subject to the rights of the Avidow or 
surviving husband, if any, realty goes to the deceased per- 
son's father and mother (or to the one if the other be dead) 
during their joint lives and the life of the survivor of them, 
and they (or the one living) in like manner, take the per- 
sonalty absolutely. 

Descendants and relatives of an intestate begotten be- 
fore his death, but born after, take as if born in his life 
time. Nothing above set forth prevents an intestate in his 
life time advancing to a child part or all of his or her 
share. If there are no persons to take as above indicated, 
the estate goes to brothers and sisters and their descend- 
ants, if none, then one moity to the paternal and the other 
to the maternal kindred in the following order: i. To the 
grandfather and grandmother equally, if both be living: 
if one dead the entire moity to survivor; then to the uncles 
and aunts ; then to the great-grand-parcnts in the same 
manner as for grandparents ; then to the brothers and sis- 
ters of grandparents and so on passing to the next lineal 
ancestors and their descendants. If there be no such kin- 
dred to one of the parents, the whole goes to the kindred 



AND FIRE INSURANCE. 43I 

of the Other. If there be neither paternal or maternal kin- 
drd, the whole goes to the husband or wife of the intes- 
tate, or if the husband or wife is dead, to his or her kin- 
dred. 

The estate of bastards shall descend and be distributed 
in the same manner as of person born in lawful wedlock, 
except that the inheritance shall go to the mother and her 
husband ; and bastards shall be capable of inheriting from 
their mother and mother's kindred in the same manner. 

DISTRIBUTION OF PROPERTY BY WILL. 

Every person of sound mind 21 years old may dispose 
of his or her real or personal, estate by will in writing 
which shall be signed at the end thereof, by himself or by 
some person in his presence or by his express direction. 
The will must be proved by the oaths or affirmations of 
two or more competent witnesses. If there are no sub- 
scribing witnesses alive, proof of the testator's signature 
by witnesses who are acquainted therewith will be suffi- 
cient. A testator may sign by making his sign or cross. 
Growing crops in lands held by a widow in dower or by 
other life tenant may be disposed of by will as other per- 
sonalty, also rents and other periodical payments accrued 
to a life tenant or to any person entitled under laws regu- 
lating the descent and partition of real estate. 

Personal estate may be bequeathed by nuncupative will 
made by soldiers in active service. 

A levise of real estate to a person without referring to 
his heirs or using words of inheritance or perpetuity passes 
all the estate of the testator therein, unless a contrary 
intent appear. The real estate acquired by a testator after 
making his will, shall pass by a general devise, unless a 
contrary intention be manifest on the face of the will. 

If any person make a last Avill and testament, and after- 
ward marry or have a child or children not provided for 
in such will, and die, such widow or child shall share in his 
estate as if no will had been made, whether such child be born 
before or after his death. 



43^ INSTRUCTION IN REAL ESTATE 

A husband may take what is given him under a wife's 
will or he maj take the same interest in her estate real and 
personal that would be allowed a widow under the intes- 
tate laws. 

Wills take effect as if executed immediately before the 
testator's death, unless a contrary intent appear. 

A married woman may make a will. A married man 
under 21 may appoint a guardian of his child by will. 
Every will made by a man or woman is revoked by his or 
her marriage. 

NOTARY PUBLIC. 
Applicant must be a citizen. Application should be 
made to the Secretary of State who will notify when to 
appear and take oath of ofhce. Appointed by the Gov- 
ernor. Fee, $2. Term of office four years. One thousand 
dollars bond required. Fees — Taking acknowledgments, 
protesting or certifying, 50 cents ; notice of protest, 25 
cents ; administering oath with certificate, 20 cents. 

LAW CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 
Deeds executed out of the state and within the United 
States, by persons other than married woman, may be 
admitted to record when the same shall be certified under 
his seal of office, by the clerk of a court or his deputy, or 
by a notary public, mayor of a city, or secretary of state 
or commissioner to take the acknowledgment of deeds, 
or by a judge, under the seal of his court, to have been 
acknowledged or proved before him in the manner re- 
quired by the law of Kentucky. Deeds executed out of the 
United States by persons other than married women may 
be admitted to record, where the same shall be certified 
by any foreign minister of consul, or secretary of legation 
of the United States, or by the secretary of foreign affairs, 
certified under his seal of office, or the judge of a superior 
office of the nation where the deed shall be executed, to 



AND FIRE INSURANCE. 433 

have been acknowledged or proved before him In the 
manner prescribed by law. 

LOUISIANA. 
STATUTE LAW RELATING TO DEEDS. 
As between the parties almost any evidence of sale will 
do, but otherwise the record takes preference, and the first 
deed recorded holds the lands. No specified time for re- 
cording deeds and no seal is required. 

STATUTE LAW RELATING TO MARRIED 
WOMEN. 

A married woman has no right and power concerning 
property and to contract, sue and be sued, unless author- 
ized by her husband or the judge, and a mortgage or con- 
veyance of her realty is void vuiless her husband join 
therein, and she cannot be legally bound as surety, guaran- 
tor or accommodation endorser, but she may sue her hus- 
band for divorce or to protect her separate property when 
he has deserted and separated himself from her. 

If a wife be insane, by proper proceedings in court and 
giving security, the husband may have her estate placed in 
his care. 

The husband is liable for the support of his family. 

WARRANTY DEED. 

State of Louisiana, Parish of Caddo. 

Be it known, that this day, before me, clerk and 

ex-ofiicio recorder and notary public in and for the 

said parish, duly commissioned and sworn, came and 
appeared Mrs. Mary Jones, born Smith, wife of Henry 
Jones, who joins herein to authorize and assist his said 
wife, both residents of the state of Louisiana, parish of 
Caddo, who declared that she does by these presents grant, 
bargain, sell, convey and deliver, with full guarantee of 
title, and with complete transfer and subrogation of all 
rights and actions of warranty against all former proprie- 
tors of the property herein conveyed unto William Brown, 



434 INSTRUCTION IN REAL ESTATE 

of Cook County, state of Illinois, present accepting- this 

act the following- described property, to-wit : 

..To have and to hold said described property unto the 

said purchaser heirs and assigns forever. 

This sale is made for the consideration of the sum of 

( dollars, payable as follows :) dollars cash 

in hand paid, receipt of which is hereby acknowledged, 

(and the balance in note., of said purchaser.. 

dated with this act to order of this vendor due 

which note . . . bear . . . eight per cent, per annum interest 

from and paraphed "Ne Varietur" of 

this date by me, notary, to identify herewith) 

(See note below.) 

(In event of suit for collection of said note , 

said purchaser. . shall pay all costs of same, including ten 
per cent, attorney's fees on amount sued for. And in order 
to secure the payment of said note.., interest and costs, 
including attorney's fees, a special mortgage and vendor's 
privilege is hereby stipulated on said property in favor of 
said vendor, or any future holder of said note. ., said pur- 
chaser agreeing not to aleniate, deteriorate or encumber 
said property to the prejudice of the mortgage.) 

(This mortgage waiving benefit of appraisement and im- 
porting confession of judgment.) 

The certificate of mortgage is hereby waived by the 
parties, and evidence of the payment of taxes produced. 

Done and passed at my office, in said parish of Caddo, in 

presence of and competent witnesses, 

on this the day of A. D.. 19. . 

MRS. MARY JONES, 
HENRY JONES, 
WILLIAM BROWN. 



Clerk and Ex-Officio 

Recorder and Notary Public. 
Attest : (Two witnesses.) 



AND FIRE INSURANCE. 435 

Note. — Omit the parts in parentheses above if the pur- 
chase is entirely for cash. The above form may be used for 
an unmarried person by eliminating the portions applicable 
to the wife. The names of all parties must be given in full. 
The name of the wife before marriage must be stated. If 
the sale is a credit sak to a wife, the husband of the purchaser 
must write on the note given, that he authorizes his wife, and 
sign this statement. 

All property acquired during the marriage is community 
property and belongs equally to both husband and wife, 
but the husband has exclusive control over it, and can sell 
it without the consent of the wife, even against her pro- 
test. The wife never signs a deed, for such property, un- 
less it is to renounce her legal mortgage resting on the 
property resulting fom some of the reasons stated in the 
next succeeding form. When she has no such claim on 
the community property, the signature of the husband is 
sufficient to convey complete title. But if she has any 
right against the property, of course, the purchaser would 
want them renounced. In such cases the form succeed- 
ing this note may be safely used. 

If the property belongs to the separate estate, of the 
wife, the husband must sign the deed, stating that he 
authorizes his wife therein. Whether the wife be the 
seller or the purchaser, she must be authorized by the hus- 
band. 

It is not the usual custom in Louisiana, to pass acts 
under private signature and then acknowledge them be- 
fore a notary, although such acts are legal and binding. 
The general custom is to have the act itself notarial, as in 
the foregoing form. 

AVIFE'S RENUNCIATION. 

State of Louisiana, Parish of ss. 

Before me, John Livingston, a notary public of the state 

of Louisiana in and for the parish of , aforesaid, 

duly commissioned and ciualified, personally came and 
appeared Mistress L, K. P„ widow of the late J. R. S. and 



436 INSTRUCTION IN REAL ESTATE 

now wife of H. P., of the city of New Orleans, in said 

state, who declared that by an act passed before 

a notary public in the said city of New Orleans, on the 
tenth day of January, A. D. 19.. her said husband, the 
said H. P., mortgaged unto F. V. V. Guizot, all that 
(describe and locate the property in like manner as other 
property is described below) ; which mortgage was granted 
as aforesaid, for the purpose of securing the full and faith- 
ful payment of the sum of fifteen thousand dollars ($15,- 
000), together with interest at the rate of eight per cent, 
per annum, amount of a loan of money made by the said 
Guizot to her said husband, and for which the latter furn- 
ished his promissory notes, payable in one, two and three 
years from the said tenth day of January, A. D., 19.., as 
explained in the said act of mortgage, of a copy of which 
she, the said appearer, acknowledges to have taken due 
cognizance. And whereas, by another act, also passed be- 
fore the said notary (the said ) on the said tenth 

day of January, A. D., 19.., her said husband sold and 
conveyed unto the said Guizot, a certain lot of ground, 
together with the buildings and improvements thereon, 
situate in the suburbs Delord, in the municipality num- 
ber "two," of the City of New Orleans, in the square 
bounded by D., A., P., and F. streets, and designated by 
the number "five," on a certain plan draAvn by W. T. T., 
surve3^or, under date of the seventh day of January, 1906, 

and deposited in the office of the said notary, for 

reference, which sale was made for and in consideration 
of the sum of nine thousand nine hundred dollars payable 
in cash, as expressed in the said act of sale, of a copy of 
which she, the said appearer has also taken due cogni- 
zance. 

Now, therefore, she, the said I\Iistrcss P., did thereupon 
declare unto me, notary, that it is her wish and intention 
to release in favor of the said F. V. V. Guizot, the properly 
above described from the matrimonial dotal, paraphernal 
and other rights, and from any claims, mortgages, or 



AND FIRE INSURANCE. 437 

privileges to which she is, or may be, entitled, whether by 
virtue of her marriage with her said husband or otherwise. 

Whereupon, I, the said notary, did inform the said 
Mistress P., verbally, apart and out of the presence and 
hearing of her said husband, and before receiving her 
signature, that she had by the laws of the said state of 
Louisiana a legal mortgage on the property of her said 
husband : — First, for the restitution of her dowery, and for 
the reinvestment of the dotal property sold by her hus- 
band, and which she brought in marriage, reckoning from 
the celebration of the marriage ; secondly, for the restitu- 
tion and reinvestment of the dotal property by her ac- 
quired since marriage, whether by succession or donation, 
from the day the succession was opened or the donation 
perfected ; thirdly, for nuptial presents ; fourthly, for the 
debts by her contracted with her said husband ; and fifthly, 
for the amount of her paraphernal property alienated by 
her, and received by her said husband, or otherwise dis- 
posed of for the individual interest of her said husband. 

And the said Mistress P. did thereupon declare unto me, 
that she was fully aware of and acquainted with the nature 
and extent of the matrimonial, dotal, paraphernal and 
other rights and privileges thus secured to her by law on 
the property of her said husband, and that, availing herself 
of the rights secured to her by the second section of an act 
passed by the legislature of the said state of Louisiana, 
authorizing wives to make valid renunciations, &c., ap- 
proved on the twenty-seventh day of ]\Iarch, A. D., one 

thousand nine hundred and , she nevertheless did 

persist in her intention of renouncing, not only all the 
rights, claims and privileges hereinbefore enumerated and 
described, but all others of any kind or nature whatso- 
ever, to which she is, or may be, entitled by any laws now 
or heretofore in force in the state of Louisiana. 

And the said H. P. being now present aiding and author- 
izing his said wife in the execution of these presents, she, 
the said wife, did again declare that she did and doth 



43^ INSTRUCTinN IN REAi- ESTATE 

hereby make a formal renunciation and relinquishment of 
all her said material, dotal, paraphernal, and other rights, 
claims and privileges, in favor of the said F. V. V. Guizot, 
binding herself and her heirs at all times to sustain and 
acknowledge the validity of this renunciation. 

Thus done and passed at the said parish of in 

presence of and competent witnesses 

who hereunto sign their names, together with the said 
parties and me, the said notary, on this tenth day of Febru- 
arv, A. D., one thousand nine hundred and .... 



JOHN LIVINGSTON, 

Commissioner for Louisiana. 

(Commissioner's seal.) 
Attest : 



REAL ESTATE MORTGAGE FORM. 
State of Louisiana, Parish of Caddo. 

Be it known, that this day before me clerk and 

ex-office recorder and notary public in and for 

said parish, duly commissioned and sworn came and ap- 
peared who declared that indebted unto 

in the sum of dollars, in evidence of 

which indebtedness given note 

dated with this act ; payable to the order of due 

wath eight per cent, interest from and 

paraphed "Ne A^arietur" of this date by me, notary, to 

identify herewith : And in order to secure the 

payment of said note , interest and all costs, in- 
cluding 5 per cent, attorney's fees on amount sued for in 

event of suit for collection of said note, the said 

declared that do by these presents specially mort- 
gage and hypothecate unto and in favor of said 



AND FIRE INSURANCE. 439 

heirs and assigns or any further holder of said note 

the following described property, to wit: (Describe it.) 

The said hereby binds not to alienate, deterior- 
ate or encumber said property to the prejudice of this 
mortgage, which shall import confession of judgment and 
waive benefit of appraisement. 

The certificate of mortgage is hereby waived by the 
parties and evidence of the payment of taxes produced. 

Done and passed at my office in said Parish of Caddo, in 

presence of and competent witnesses, 

on this the day of A. D. nineteen hun- 
dred 



Attest: 



Clerk ank Ex-Officio 

Recorder and Notary Public. 

FORM OF NOTE TO ACCOMPANY ABOVE. 

$ Shreveport, La., 19. . 

after date promise to pay to the order 

of dollars, with per cent, per annum in- 
terest from 



V^alue received. 
(Place across face of above note the following: 
' Ne Varietur, as per mortgage of this date , 19. 



Clerk and Ex-Officio, 
Recorder and Notary Public. 



440 INSTRUCTION IN REAL ESTATE 

FORM FOR MORTGAGE OF CORN AND COTTON 

CROPS. 

$ , I9-. 

On the day of 19. ., I promise to pay to 

or order, the sum of dollars, for cash 

and necessary supplies advanced to me by the said 

to enable me to make crops of cotton on the plantation in 

known as during the year 19. . And in 

order to secure the payment of said sum, with interest, I 

do hereby pledge and pawn to the said all crops, 

of whatever character, I may raise the present year 'on 
said plantation, especially the crops of cotton and corn, 

and I recognize and grant in favor of said 

the privilege created by law in favor of the furnisher of 
supplies, by Act No. 66 of the general assembly of the 
state of Louisiana, approved March 21, 1874. 

And I do hereby waive all the homestead exemptions 
allowed me under Articles 244, 245, 246 and 247, of the 
constitution of the state of Louisiana, adopted in 1898, in 

favor of said to the amount of dollars, 

for advances and supplies furnished and to be furnished 
me by said during the year 19. . and for all in- 
debtedness I may contract with the said during 

the year Further description of property is 

hereby waived. 

And I, wife of , consent to and agree 

to the above waiver and sign the same of my own free will 
and with my husband's authorization. 

Done and signed this, the day of A. 

D., 19.. 

Attest : 



T authorize my wife to sign the above waiver 
»Slate of Louisiana, l^arish of Cadtlo, 



AND FIRE INSURANCE. 44I 

Personally appeared before me, the undersigned author- 
ity one of the witnesses to the above and fore- 
going pledge, who being duly sworn, deposes and says, 

that he saw the said and his wife sign it for the 

purpose and considerations therein contained : signed it 
himself as witness, and saw the other witnesses sign it. 

Sworn to and subscribed before me this the day of 

19.. 

STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 
You cannot mortgage movables in this state. All build- 
ings and machinery erected upon lands in this state imme- 
diately become a part of the realty by operation of the law. 
Vendor's lien exists as lonsf as the movable is in the hands 
of the purchaser only. 



'fc. 



BILL OF SALE FORM. 

Know all men, by these presents, that I, A. B., of , 

in consideration of the sum of dollars to me in 

hand paid by C. D., of the same place, at and before the 
ensealing and delivering of these presents, the receipt 
whereof I do hereby acknowledge, (or if the consideration 
be different state it,) have bargained, sold, released, 
granted, and confirmed, and by these presents, do bargain, 
sell, release, grant, and confirm, unto the said C. D., all the 
following goods, household stuff, and implements of house- 
hold, (or as the case may be) (here describe each article 
so it can be identified) now remaining and being (mention 
where they are) to have and to hold all and singular the said 
goods and chattels, etc., and every one of them, by these 
presents bargained, sold, released, granted, and confirmed, 
unto the said C. D., his heirs, executors, administrators, 
and assigns, to his and their only proper use and behalf 



orever. 



442 INSTRUCTION IN REAL ESTATE 

Witness my hand and seal, this fourth day of . , , 

A. D., 19.. 

Signed, sealed and delivered in presence of 

A. B. (Seal) 
E. G. 
A, R. 

STATUTE LAW RELATING TO LANDLORD AND 

TENANT. 

Any person having leased a house, store or other build- 
ing or landed estate, for a term of one or more years, or by 
the month or otherwise, who shall be desirous of termi- 
nating the lease, either by limitation or non-payment of 
the rent when due, shall demand and require in writing 
his tenant to remove from the same after fifteen days' 
notice, and upon failure on the part of the tenant to leave, 
he shall be cited to appear before any court of competent 
to show cause why he should not deliver up the premises. 
The right of replevin is statutory and the tenant can avail 
himself of it or not. The landlord's privilege follows the 
tenant's household effects for fifteen days after being re- 
moved from the rented premises, but the landlord must 
identify the effects. Farm lessors must give thirty days' 
notice prior to the first of January of each year to his ten- 
ant to vacate, otherwise the tenant will be presumed to be 
allowed to remain in possession for the following year. 

It is unlawful in this state for any landlord, lessee or 
owner of any tenement house or houses, or any agent of 
such landlord, lessee, or owner to seize, or cause to be 
seized, for rent due by the sub-lessee or inmates of such 
house or houses, any piano, organ or other musical instru- 
ment in said house or houses, which is hired for use from 
any company or individual, and is not the personal prop- 
erty of the inmates or sub-lessee aforesaid. 



And fire insurance. 443 

LEASE FORM. 

This indenture made and executed this day of 

A. D., 19. ., between of , of the 

first part, and of , of the second part, 

witnesseth that in consideration of the rents and covenants 
hereinafter expressed, the said party of the first part has 
demised and leased, and does hereby demise and lease to 

the said party of the second part the following 

premises, viz.: (describe them) with the privileges and 

appurtenances, for and during a term of from the 

day of 19. ., wdiich term will end 

And the said party of the second part covenants that he 
will pay to the party of the first part, for the use of said 

premises, the yearly rent of dollars ($ ), 

to be paid monthly in advance in ecptal installments, with- 
out demand therefor being made by the party of the first 
part. 

And provided, said party of the second part shall fail to 
pay said rent, or any part thereof, when it becomes due, it 
is agreed that said party of the first part may sue for the 
same, or re-enter said premises, or resort to any legal 
remedy. 

The party of the part agrees to pay all 

taxes to be assessed on said premises during said term . . . 

The party of the second part covenants that at the ex- 
piration of said term he will surrender up said premises to 
the party of the first part in as good condition as now, 
necessary wear and damage by the elements excepted. 

Witness the hands and seals of the said parties the day 
and year first above written. 

A. B. (seal). 
C. D. (seal). 

Signed, sealed and delivered in presence of 
E. P., 
G. H. 

Note. Leases should be made in duplicate, one for each 
party. 



444 INSTRUCTION IN REAL ESTATE 

EXEMPTION AND HOMESTEAD LAWS. 

The state constitution exempts from seizure and sale by 
any process, whatever, without registration, owned by the 
debtor and occupied by him, whether rural or urban, and 
the head of every family, or person having a mother or 
father, or person or persons dependent upon him for sup- 
port, lands not exceeding i6o acres and improvements, 
also two work horses, one wagon or cart, one yoke of 
oxen, two cows, and calves, twenty-five head of hogs, or 
one thousand pounds of bacon or its equivalent in pork, 
whether attached to the homestead or not, and on a farm 
the necessary quantity of corn and fodder for the current 
year, and the necessary farming implements, all to the 
value of two thousand dollars. It is provided that in case 
the homestead exceeds two thousand dollars in value, the 
beneficiary shall be entitled to that amount in case a sale 
of the homestead under any legal process realizes more 
than that sum. No husband shall have the benefit of a 
homestead, whose wife owns, and is in actual enjoyment 
of property or means to the amount of two thousand dol- 
lars. The benefit of the homestead exemption may be 
claimed by the surviving spouse or minor child or children, 
of a deceased beneficiary. But this exemption does not 
apply to the following debts, to wit : — 

1. For the purchase price of the property or any part 
thereof. 

2. For labor, money and material, furnished for build- 
ing, repairing or improving the homestead. 

3. For liabilities incurred by any public officer, or judi- 
ciary, or attorney-at-law, for money collected or received 
on deposit. 

4. For taxes or assessments. 

5. For rents which bear a privilege upon said property. 

The right to sell the homestead is preserved to the bene- 
ficiary; but no sale shall destroy rights of creditors therein. 
Any person entitled to a homestead may waive it by sign- 



I 



AND FIRE INSURANCE. 445 

ing with his wife if she be not separated a mensa et thoro. 
Such waiver may be special or general. This article went 
into effect on January ist, 1899. 

Besides this exemption, $500. worth of furniture, a sew- 
ing machine and a piano upon which lessons are given are 
exempt; but nothing is exempt against rent and board. By 
special legislation the sheriff under writ of fi fa cannot 
seize : The lien and clothes of the debtor or his wife ; his 
bed, bedding or bedstead and those of his family; his arms 
and military accoutrements ; the tools, books and sewing 
machine necessary for the exercise of his or her calling, 
trade or profession by which he or she makes a living; 
money due for salary of an officer ; laborer's wages ; dining 
table and chairs, cooking stove and its utensils ; plates, 
dishes, knives, forks afid spoons ; washtubs, smoothing 
irons, and ironing furnaces; family portraits, and musical 
instruments ; if they do, they are deemed guilty of a mis- 
demeanor, and subject to a fine of $200. or imprisonment 
for a term of six months. This does not apply to debts for 
rents; everything in the rented house is pledged to the 
landlord for his rent. 

STATUTE LAW RELATING TO FENCES. 

The owner of lands must fence his cultivated lands. 
Stock roams at large. Fences are constructed of wire 
and wood under the ordinances of the police juries of the 
different parishes, and OAvners are left to confine himself 
to his own premises. A lawful fence is such as the various 
police juries may establish, hence there is much variation 
throughout the state in this matter. In fact it is a police 
regulation. 

STATUTE LAW RELATING TO LIMITATION. 

Suits on all torts sounding in damages must be brought 
within one year. Courts cannot supply the plea of pre- 
scription. It must be pleaded, in every stage of cause, 
even on appeal. Immovables are prescribed for by ten 



44^ INSTRUCTION IN REAL ESTATE 

years, when the possessor has been in good faith and held 
by a just title during that time. Immovables are prescribed 
for by thirty years without title on the part of the posses- 
sor, or whether he be in good faith or not. Movables are 
prescribed for after a lapse of three years. Whoever ac- 
quires an immovable in good faith and by just title, pre- 
scribes for it in ten years. 

Three years prescription runs for arrearages of rent, 
annuities and alimony, or hire of movables or immova- 
bles ; for payment of money lent ; for salaries of overseers, 
clerks, secretaries and teachers of the sciences ; physicians, 
surgeons, apothecaries, recorders, sheriffs and attorneys 
for their fees ; merchants accounts, whether selling by 
wholesale or retail ; all open accounts. 

STATUTE LAW RELATING TO IRRIGATION. 

There is no statute in this state on this subject; but 
the general incorporation laws of the state authorizes the 
organization of private corporations for this purpose, and 
much in this way is being done in the southwestern portion 
of the state. 

DECEDENT'S DEBTS. 
They are primarily a charge against the personal estate, 
and if it be exhausted then against the realty. The fol- 
lowing is the order in which they are preferred. 

1. Funeral charges. 

2. Law charges. 

3. Expenses of last sickness. 

4. Servants' wages. 

5. Supplies of provisions, including boarding house and 
innkeepers' accounts. 

6. Salaries of clerks, secretaries, etc. 

7. Dotal rights — That is, monies due to wives by their 
husbands for inherited property. 

As applied to real estate the vendor's lien precedes any 
other debt but mortgages do not. The privilege allowed to 



AND FIRE INSURANCE. 447 

minors and indigent widows of one thousand dollars ranks 
all except funeral and law charges. 

STATUTE LAW RELATING TO DESCENT AND 

DISTRIBUTION WHEN NO WILL IS LEFT. 
All property acquired during marriage is called com- 
munity property and one-half is owned in fee by each 
spouse at the time of the marriage, and therefore every 
estate consists of only one-half of the community property, 
the other half being owned by the survivor. The estate 
then goes first to descendants, then to ascendants, then to 
collaterals in the order named, if there be none of the pre- 
ceding relatives — that is, to the next of kin — then to the 
wife in default of relatives, and in defaut of wife to the 
state. But the law allows the remaining wife a privilege 
against the succession of her husband for one thousand 
dollars if she is injndigent circumstances, and this priv- 
ilege bars all ordinary debts, even a mortgage on real 
estate, unless the mortgage be for the purchase price. At 
the dissolution of the marriage the wife has the unufruct 
of all the estate of her husband for her life or widowhood, 
after payment of debts. 

A surviving husband has a life estate in the whole of his 
deceased wife's realty, whether there be issue or not. 

Children share equally. If grandchildren alone, or if 
other descendants of any degree of consanguinity alone 
take the estate, all share equally per capita. If the de- 
scendants are of different degrees of consanguinity, to the 
intestate, they share per stirpes, that is, the issue of a de- 
ceased child, grandchild or other descendant taking the 
share the parent would if living. 

In default of issue, subject to the rights of the widow or 
surviving husband, if any, realty goes to the deceased per- 
son's father and mother (or to the one, if the other be 
dead) absolutely. 

Subject to the above, the brothers and sisters, if of the 
whole blood, shall take the realty in equal shares, the 



44^ INSTRUCTION IN REAL ESTATE 

children of a deceased brother or sister, nephew or niece, 
taking the share of the parent. If there be no brothers 
and sisters but nephews and nieces of the whole blood 
they shall share per capita. If there be no such brother, 
sister or children or grandchildren thereof, all property 
shall vest in the next of kin being the descendants of such 
brothers and sisters. 

Subject to all the foregoing, real estate descends to 
brothers and sisters of the half blood and their issue as 
above indicated in case of collaterals of the whole blood. 

In default of all persons above described, the real and 
personal estate will go to the next of kin, but children of 
deceased uncles and aunts shall take the share of their 
parents, as likewise will brothers' and sisters' grandchil- 
dren where their parents and grandparents are dead, and 
if such kin be one or more than one grandparent and there 
be living at the intestate's death descendants of a deceased 
grandparent, such descendants of the deceased grandpar- 
ent shall take his or her share of the real and personal 
property, in equal parts if they all be of the same degree 
of consanguinity to the grandparent; and if not, then per 
stirpes. 

Notwithstanding the above, if the real estate became 
vested in the intestate by descent, gift or devise from an 
ancestor or other relation, such real estate shall pass to the 
blood of such ancestor or other relation only. 

Realty and personalty, in default of known heirs or kin- 
dred go to the widow or surviving husband absolutely, or, 
in default of these also,' it escheats to the commonwealth. 

Descendants and relatives of an intestate begotten be- 
fore his death but born after, take as if born in his life time. 
Nothing above set forth prevents an intestate in his life- 
time advancing to a child a part or all of his or her share. 

The foregoing does not apply to illegitimates, but an 
illegitimate child takes and is known by the name of its 
mother. 

Illegitimate children are styled the children of nobody 



AND FIRE INSURANCE. 449 

or everybody and can only inherit from its mother in de- 
fault of legitimtae descendants. 

DISTRIBUTION OF PROPERTY BY WILL. 

Every person of sound mind 21 years old may dispose of 
his or her real or personal estate by v^ill in v^riting, which 
shall be signed at the end thereof by himself. The will 
must be proved by the oaths or affirmations of two or 
more competent witnesses. If there are no subscribing 
witnesses, proof of the testator's signature by witnesses 
who are acquainted therewith will be sufficient, provided 
he write the will himself. A testator may sign by making 
his sign or cross. Rents and other periodical payments 
accrued to a life tenant or to any person entitled under 
laws regulating the descent and partition of real estate 
may be bequeathed. 

Personal or real estate may be bequeathed by nuncupa- 
tive will made at any time anywhere, if by private act five 
witnesses are required to sign with him and if notorial 
three will answer. A devise of real estate to a person 
without referring to his heirs or using words of inherit- 
ance or perpetuity, passes all the estate of the testator 
therein, unless a contrary intent appear. The real estate 
acquired by a testator, after making his will, shall pass by 
a general devise, unless a contrary intention be manifest 
on the face of the will. If there be a devise or legacy in 
favor of a child or other lineal descendant, or where there 
is no lineal descendant, in favor of a brother or sister or 
the children of a deceased brother or sister, it shall not 
lapse or become void by reason of the devisee or lagatee 
dying in the lifetime of the testator, provided such devisee 
or legatee leave issue surviving the testator, and in such 
case the issue will take the devise or legacy. If any per- 
son make a last will and testament, and afterward have a 
child or children not provided for in such a will, and die, 
the will is void. A husband may take what is given him 
under a wife's will. No real or personal property shall be 



45^ - INSTRUCTION IN REAL ESTATE 

bequeathed, devised or conveyed unless for a valuable con- 
sideration, for religious or charitable uses, except by deed 
or codicil attested by two creditable disinterested wit- 
nesses. Wills take effect as if executed immediately before 
the testator's death, unless a contrary intent appear. The 
probate or refusal of a will is conclusive. 

NOTARY PUBLIC. 

Applicant outside of New Orleans must be a male citi- 
zen, 21 years of age, resident of the parish for five years 
and must pass examination before a judge of the Supreme 
District or Parish court. 

In New Orleans applicant must be a resident two years 
and of good character and competent. Application should 
be made to the Secretary of State who will notify when to 
appear and take oath of office. Appointment is made by 
the Governor with consent of the Senate. Term, five years. 
In Orleans parish a bond of $5000 is required. Other par- 
ishes a bond of $1000. In New Orleans a bond of $10,000 
is required. Fees — Certificate and seal to mortgage, $1 ; 
administering oaths, 25 cents ; seal on effects of deceased 
persons, $2. 

LAW CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 
In all cases in which, under the laws of Louisiana, oaths 
or acknowledgments may now be taken or made before 
any Louisiana commissioner residing in any other state 
or territory of the United States or in the District of Co- 
lumbia, the same may be taken or made by or taken before 
any notary public, duly appointed in any such state, terri- 
tory or district and when certified under the hand and 
official seal of such notary shall have the same force and 
effect without further proof of the signature, seal and offi- 
cial character of such notary as if taken or made by or 
l)efore a Louisiana commissioner residing in such state, 
territory or district. Any commissioner for the state of 



AND FIRE INSURANCE. 45 1 

Louisiana for any one of the states or territories of the 
Union shall within the state or territory for which he is 
appointed, have all the powers of a notary public, whether 
the party or person making any acknowledgment, proof, 
oath or affirmation, or passing any act before him, reside 
within such state or territory or not. All such acts passed 
before any such commissioner and two witnesses (women 
are not witnesses in matters of this kind) shall have full 
force and effect as if passed before a notary. Copies of 
such acts may be admissible in evidence if same is certified 
as original copy by any notary public within the state with 
whom the original may have been deposited. 

MAINE. 

STATUTE LAW RELATING TO DEEDS. 

If a deed be not recorded, a subsequent purchaser or 
mortgagee for value, not knowing of the previous transfer 
will have preference to the first purchaser, if his deed be 
first recorded. They are valid without witnesses. They 
must be under seal. 

Deed first recorded, though last executed, is the elder 
title. When grantor dies or departs with acknowledging 
his deed, its execution may be proved by a subscribing 
witness before any court of record in the state. No deed 
without one subscribing witness can for this purpose, be 
proved before any court or justice. 

STATUTE LAWS RELATING TO MARRIED 
WOMEN. 

A married woman has the same right and power concern- 
ing property and to contract, sue and be sued, as if unmar- 
ried. If a wife be insane, by proper proceedings in court 
and giving security, the husband may have her estate 
placed in his care. If a wife do not join in a deed for her 
husband's realty and he die first she will have dower 
therein. 



452 INSTRUCTION IN REAL ESTATE 

The husband is liable for the support of his family, but 
if the wife orders necessaries for the family, both ma be 
sued and collection enforced against the wife's proputy 
if the husband do not have sufficient. 

Husband must join in conveyance of property trans- 
ferred to wife by him. 

WARRANTY DEED. 

Know^ all men by these presents, that in consid- 
eration of paid by the receipt whereof 

do hereby acknowledge, do hereby give, grant, bargain, 

sell and convey unto the said , heirs and assigns 

forever 

To have and to hold the aforegranted and bargained 
premises with all the privileges and appurtenances thereof, 

to the said , heirs and assigns, to their use and behoof 

forever. And do covenant with the said grantee , 



heirs and assigns, that law^fully seized in fee of the 

premises ; that they are free of all incumbrances ; 

that have a good right to sell and convey the same 

to the said grantee. . to hold as aforesaid; and that 

and , heirs shall and wnll warrant and defend the 

same to the said grantee. ., heirs and assigns forever, 
against the lawful claims and demands of all persons. 

In witness whereof, the said grantor.., and 

, wife of the said , in testimony of relinquish- 
ment of her right and interest by descent and all other 
rights in the above described premises, have hereunto set 

...... hand and seal this day of , A. D., 19. . 

(seal.) 

(seal.) 

Signed, sealed and delivered in the presence of 



State of Maine, County of , ss : , 19. . 

Personally appeared the above named and ac- 



ANt) FTRfe iNsimANfp:. 453 

knowledged tlie above instrument to be free act and 

deed, before nie 

(Name and official character.) 

MORTGAGE FORM. 
This indenture witnesseth that A. B., of . . . . . ., party of 

the first part, (if the mortgage is that of a married man and 
the wife joins, as is commonly the case, to extinguish her 
dower or other rights, insert ''and Mary B., his wife," and 
make other corresponding changes below. If the land 

mortgaged belongs to a married woman insert "and , 

her husband," and make other necessary changes below), 

in consideration of dollars to him paid by C. D., 

party of the second part, the receipt wdiereof is hereby 
acknowledged, does hereby give, grant, bargain, sell, re- 
lease, convey and confirm to the said C. D., his assigns 
forever, the following described premises, situate in the 

of county of and state of , 

(describe it so that it may be accurately identified) and all 
the right, title and interest of the said A. B., either in law 
or equity, in and to the said premises ; together with all 
the appurtenances to the same belonging. To have and to 
hold the same unto the said C. D., his heirs and assigns 
forever, and the said A. B., for himself and his heirs, exec- 
utors and administrators, hereby covenants with the said 

C. D., his heirs and assigns, that he, the said A. B., 

is lawfully seized of the said premises, in fee simple, and 
has full right and power to convey the same, that the title 
and premises so conveyed are clear and unincumbered ; 
(If there are any exception to this state them). And fur- 
ther, that he will warrant and defend the same against all 
claim or claims of all persons whomsoever. Provided, 
nevertheless, that whereas, the said A. B., has executed 
and delivered unto the said C. D., a certain (bond, promis- 
sory note, or as the case may be) bearing even date here- 
with (then proceed to further describe it so that it may 



454 INSTRUCTION IN REAL ESTATE 

be identified with certainty, or, if short, a copy of it may 
be here inserted, the fact being stated that it is a copy). 

Now if the said A. B., his heirs, executors, administra- 
tors or assigns shall pay said debt or sum of dollars 

and interest which shall accrue thereon to the said C. D., 
his heirs or assigns, according to the tenor thereof, then 
this mortgage shall be void. And the said grantor hereby 
covenants and agrees with the said grantee that the right 
of redeeming the above mortgaged premises shall be for- 
ever foreclosed in one year next after the commencement 
of foreclosure by any of the methods now provided by law. 

In witness whereof, the said grantor. . and 

in testimony of relinquishment of right of 

dower and interest by descent in the above described prem- 
ises, have hereunto set their hands and seals this 

day of , A. D., 19. . 

(seal.) 

(seal.) 

State of Main, County of ss : , 19. . 

Personally apeared the above named and ac- 
knowledged the above instrument to be free act and 

deed, before me 

(Name and official character.) 



STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 
No mortgage of personal property is valid against any 
other person than the parties thereto unless possession of 
such property is delivered to the mortgagee, or the mort- 
gage is recorded by the clerk of the city or town in which 
the mortgagor resides. When all the mortgagors reside 
thout the state the mortoao-e must be recorded in the 



wi 



^&"-t5 



city, town or plantation wdiere the property is situated 
when the mortgage is made. When made by corporation, 
in the city or town, where it has its established place of 
business. All personal property may be mortgaged. 



AND FIRE INSURANCE. 455 

CHATTEL MORTGAGE. 

Know all men by these presents, that , residing in 

county of , state , party of the first 

part being justly indebted to , residing in , 

party of the second part, in the sum of dollars, 

which is hereby confessed and acknowledged, has, for the 
purpose of securing the payment of said debt, granted, 
bargained, sold and mortgaged, and by these presents does 
grant, bargain, sell and mortgage unto the said party of 
the second part, his heirs, executors, administrators and 
assigns, all that certain personal property described as 
follows, to wit : (Describe it and state where it is and in 
whose possession), all of which property the party of the 
first part covenants is free and clear from all liens and 
encumbrances, (here mention Exemptions, if any), and 
the said party of the first part for himself, his heirs, execu- 
tors and administrators, all and singular, the goods, chat- 
tels and personal property above bargained and sold, unto 
the said party of the second part, his executors, adminis- 
trators and assigns, againts him, the said party of the 
first part, and against all and every other person or per- 
sons whomsoever, shall and will warrant and forever de- 
fend. 

To have and to hold, all and singular said goods and chat- 
tels, unto the said party of the second part, his heirs, ex- 
ecutors, administrators and assigns, forever; provided, 
always, and these presents are upon this express condition ; 
That if the said party of the first part shall pay or cause 
to be paid unto the said party of the second part, his heirs 

or assigns, the sum of dollars, according to the 

condition of two (or as the case may be) certain promis- 
sory notes, executed by payable to at 

viz., $ dated due with interest at 

. . per cent, per annum, until paid (or omitting all after 
''promissory notes" and inserting ''of which the following 
are copies" and then insert copies, or if the indebtedness 



45^ INSTRUCTION IN REAL ESTATE 

is not represented by promissory notes its character may 
be otherwise indicated). Then these presents to be void 
and of no effect. Provided, that it shall and may be law- 
ful for said to continue in possesion of said goods 

and chattels until 

In witness whereof the said party of the first part here- 
unto sets his hand and seal this day of , A. 

D., 19.. (seal.) 

Witness : 



STATUTE LAW RELATING TO BILLS OF SALE. 
Bill of sale of personalty is good between the parties 
thereto, but not as to third parties, such as creditors of 
the seller if he retain possession. 

BILL OF SALE FORM. 

Know all men, by these presents, that I, A. B., of , 

in consideration of the sum of dollars to me in hand 

paid by C. D., of the same place, at and before the enseal- 
ing and delivering of these presents, the receipt whereof 
I do hereby acknowledge, (or if the consideration be differ- 
ent state it), have bargained, sold, released, granted, and 
confirmed, and by these presents, do bargain, sell, release, 
grant, and confirm, unto the said C. D., all the following 
goods, household stuff, and implements of household, (or 
as the case may be) (here describe each article so it can 
be identified) now remaining and being (mention where 
they are) to have and to hold all and singular the said 
goods and chattels, etc., and every one of them, by these 
presents bargained, sold, released, granted, and confirmed, 
unto the said C. D., his heirs, executors, administrators, 
and assigns, to his and their only proper use and behalf 
forever. 

Witness my hand and seal, this fourth day of , 

A. D., 19.. A. B. (seal.) 

Signed, sealed and delivered in presence of 
E. G. 
A. R. 



AND FIRE INSURANCE. 457 

STATUTE LAW RELATING TO LANDLORD 
AND TENANT. 

The owner of land on which a building sets has a lien 
on it for his rent to be enforced by attachment. Actions 
for rent limited to within six years. No lease for more 
than seven years is good against any person but the parties 
thereto unless recorded in the registry of deeds. A tenant 
at will, that is, one not under a written lease, is entitled to 
thirty days' notice. A person holding over, after his time 
under a written lease expires, is a tenant at will. There 
are no laws of distraint in this state. A lease not in writ- 
ing will have effect of tenancy at will. 

FORM OF NOTICE TO QUIT. 

To , of , in the county of , and state 

of Maine. 

I hereby notify and require you to quit an^l deliver up 

to me at the expiration of thirty days from the day 

of , A. D., 19. ., the possession of the following de- 
scribed premises, now occupied by you and belonging to 

me, situated in , in said county, to wit , 

and this notice is given to you for the purpose of deter- 
mining your tenancy therein. 

Dated at this day of , 19. . 



I hereby certify, that on the day of , 19. ., 

I gave in hand to , above-named the original notice, 

of which the above is a true copy. 

State of Maine, County of , ss : , 19. . 

Then personally appeared and made oath that 

the above affidavit by him subscribed is true. 



Justice of the Peace. 



LEASE FORM. 

This indenture made and executed this day of 

, A. D., 19. ., between of , of the first 



45^ INSTRUCTION IN REAL ESTATE 

part, and of , of the second part, witnesseth 

that in consideration of the rents and covenants hereinafter 
expressed, the said party of the first part has demised and 
leased, and does hereby demise and lease to the said party 

of the second part the following premises, viz. : 

(describe them) with the privileges and appurtenances, 

for and during a term of from the day of 

19.., which term will end And the said party of 

the second part covenants that he will pay to the party 
of the first part, for the use of said premises, the yearly 

rent of dollars ($ ), to be paid monthly in 

advance in equal installments, without demand therefor 
being made by the party of the first part. 

And provided, said party of the second part shall fail 
to pay said rent, or any part thereof, when it becomes due, 
it is agreed that said party of the first part may sue for 
the same, or re-enter said premises, or resort to any legal 
remedy. 

The party of the part agrees to pay all 

taxes to be assessed on said premises during said term. 

The party of the second part covenants that at the expi- 
ration of said term he will surrender up said premises to 
the party of the first part in as good condition as now, nec- 
essary wear and damage by the elements excepted. 

Witness the hands and seals of the said parties the day 
and year first above written. A. B. (seal.) 

C D. (seal.) 

Signed, sealed and delivered in presence of 
E. F. 
G. H. 

Note. Leases should be matle in duplicate, one for each 
party. 

EXEMPTION AND HOMESTEAD LAWS. 
A homestead owner must ha\c his claim for exemption 
recorded in registry of deeds wilh description of home- 
stead, and then $500 worth is exempted from debts sub- 



AND FikE: TNSURANcf:. 4';q 

seqiiently contracted. Not exempt from mechatiics liens. 
His widow and children may occupy the exempted home- 
stead during widowhood and minority. 

STATUTE LAW RELATING TO FENCES. 

The occupants of lands enclosed with fences shall main- 
tain partition fences between their own and the adjoining- 
enclosures in equal share, while both parties continue to 
improve them. 

Fence viewers, elected by town or city, are to determine 
disputes about the building and maintenance of line fences 
between the improved or enclosed lands of two owners. 
Yet a man if he chooses may build and maintain within 
his own boundary on his own land a fence, and escape the 
obligation of maintenance as to the division fence, in which 
case he gives up all right to the old fence. 

Fences along public highways made in whole or in part 
of wire without barbs are lawful fences subject to restric- 
tions imposed by municipal authority. Like fences are 
also legal as line fences. Barbed wire fences must be pro- 
tected by a top rail of w^ood or smooth wire. 

STATUTE LAAV RELATING TO LIMITATION. 

Suits to recover land must be brought within twenty 
years after right accrued to the claimant or his predeces- 
sors in title. 

DECEDENT'S DEBTS. 

Payment cannot be enforced on general debts until after 
a year from the time the administrator or executor gave 
notice of his appointment. 

In solvent estate the law prescribes no particular order 
in which the debts are to be paid. No preference is nec- 
essary as assets are sufficient to pay all claims. 

Suits against administrator or executor shall be con- 
tinued at cost of plaintiff for such time as court may order 
unless at least 30 days before commencement of suit and 



4^0 iNSTRUCTtOM m RftAL ESTATE 

within two years after notice of appointment such claim 
is presented in writing and payment demanded. 

Tender during continuance, bars claim with costs to 
defendant. No action shall be maintained on such claim 
unless brought within two years. After two years should 
new assets come into hands of executor or administrator, 
creditors can maintain claim within six months after he 
has had notice of such new assets but not after two years 
from time such new assets accrued. 

Preference in insolvent estate as follows : 

1. Allowance made to the widow or widower and 
children. 

2. Expenses of last illness. 

3. Debts entitled to preference under the laws of the 
United States. 

4. Public rates and taxes and money due to the state. 

5. All other debts. 

Creditors of one class are not to be paid until creditors 
of preceding classes, of which the administrator had no- 
tice, are fully paid. 

In case of the death of an employer the wages of each 
minor, mechanic, salesman, clerk, servant and laborer for 
service rendered within sixty days next preceding the death 
of the employer, not exceeding $200 rank next in order 
after the funeral expenses, expenses of last sickness, ex- 
penses of administration, and allowance to the widow and 
infant children, and must be paid before other claims. 

If the proceeds of the decedent's property mortgaged 
is insufficient to pay the mortgage, the part remaining un- 
satisfied must be classified and be presented for payment 
the same as other claims. 

Claims must be presented for payment, after notice 
given, in ten months if the estate exceeds $10,000, and in 
four months if less than that amount. If claims are not 
presented as required by law they will be forever barred, 
except as to mortgages ; and this is so in regard to all 
claims whether due or not, or contingent. If there is a 



AND FIRE INSURANCE. 461 

deficiency on a mortgage, that must be presented and 
allowed as other claims. 

STATUTE LAW RELATING TO DESCENT AND 
DISTRIBUTION WHEN NO WILL IS LEFT. 
The real estate of a person, deceased intestate, subject 
to the payment of debts, descends : 

1. If he leaves a widow and issue, one-third to the 
widow ; if no issue, one-half to the widow ; and if no kin- 
dred, the whole to the widow^ ; and to w^idower shall de- 
scend the same share in his wife's real estate. There shall 
likewise descend to the widow, or widower, the same share 
in all such real estate of which the deceased was seized 
during the coverture and which has not been barred or 
released. 

2. The remainder of which he dies seized, and if no 
widow or widower, the wdiole, together with all wild lands, 
shall descend in equal shares to his children, and to the 
lawful issue of a deceased child by right of representa- 
tion. If no child is living at the time of his death, to all 
his lineal descendants ; equally if all are of the same de- 
gree of kindred ; if not, according to the right of represen- 
tation. 

3. If no such issue, it descends to his father alone or if 
other descendants of any one degree of consanguinity to 
the intestate, father and mother in equal shares. 

4. If no such issue or father, it descends one-half to 
the mother. If no such issue or mother, it descends one- 
half to the father. In either case, the remainder descends 
in equal shares to his brothers and sisters, and when a 
brother or sister has died, to his or her children or grand- 
children by right of representation. 

5. If no such issue, father, brother or sister, it descends 
to his next of kin in equal degrees ; when they claim 
through different ancestors, to those claiming through a 
near ancestor, in preference to those claiming through 
an anccster more remote. 



462 INSTRUCTION IN REAL ESTATE 

6. If no such issue, father, brother or sister, it descends 
to his father. In either case, to the exckision of the issue 
of brothers and sisters. 

7. When a minor dies unmarried, leaving property in- 
herited from either of his parents, it descends to the other 
children of the same parent, and the issue of those de- 
ceased; in equal shares if all are of the same degree of 
kindred; otherwise, according to the right of representa- 
tion. 

8. If the intestate leaves no widower, widow or kindred, 
it escheats to the state. 

Personal property is distributed or escheats by the rules 
provided for the distribution of real estate. 

Kindred of half-blood inherit equally with those of the 
whole blood in the same degree. 

The rule of representation is that rule of law by which 
the children of other decendants of a deceased person, 
who, if he had lived, would have taken property by virtue 
of an intestacy, stand in his place, so as to take the prop- 
erty, which he Avould have taken, had he lived. 

No right of representation exists among kin beyond 
brothers and sisters and stops at grandchild of such de- 
ceased brother or sister. 

Where the grandparents are next of kin, those who are 
living share equally, male and female. 

An illegitimate child born after March 24, 1864, is the 
heir of his parents, who intermarry, and any such child, 
born any time, is the heir of his mother. 

Provided the father of an illegitimate child adopts him 
or her into his family, or in writing acknowledges before 
some justice of the peace or notary public, that he is the 
father, such child is also the heir of his or her father. 

And in either of the foregoing cases, such child and its 
issue shall inherit from its parents respectively, and from 
their lineal and collateral kindred, and these from such child 
and its issue, the same as legitimate. 



AND FIRE INSURANCE. 463 

DISTRIBUTION OF PROPERTY BY WILL. 

Every person of sound mind 21 years old may dispose of 
his or her real or personal estate by will in writing', which 
shall be signed at the end thereof by himself, or by some 
person in his presence by his express direction. The will 
may be proved by the oaths or affirmations of one or more 
competent witnesses. A testator may sign by making 
his sign or cross. Growing crops in lands held by a widow 
in dower, or by other life tenant may be disposed of by 
will as other personalty, also rents and other periodical 
payments accrued to a life tenant or to any person entitled 
under laws regulating the descent and partition of real 
estate. 

Personal estate may be bequeathed by nuncupative will 
made during the last sickness in the testator's habitation 
or dwelling or where he has resided for ten days or more 
next before the making of such will, also in case he be 
surprised by sickness while away from his own house and 
shall die before returning thereto, but where the sum or 
value so bequeathed exceeds $100 it shall be proved that 
the testator at the time of pronouncing the bequest did 
bid three persons present to bear witness that such was 
his will or to that effect ; and in all cases the foregoing 
requisites shall be proved by three witnesses who were 
present at the making of the will. 

A devise of real estate to a person without referring .to 
his heirs or using words of inheritance or perpetuity passes 
all the estate of the testator therein, unless a contrary 
intent appear. The real estate acquired by a testator after 
making his will shall pass by a general devise, unless 
contrary intention be manifest on the face of the will. If 
there be a devise or legacy in favor of a child or other 
lineal descendant, or where there is no lineal descendant, 
in favor of a brother or sister or the children of a deceased 
brother or sister, it shall not lapse or become void by 
reason of the devisee or legatee leaving issue surviving the 



4^4 INSTRUCTION IN REAL ESTATE 

testator, and in such case the issue will take the devise or 
legacy. If any person make a last will and testament and 
afterwards marry or have a child or children not provided 
for in such will, and die, such widow or child shall share in 
his estate as if no will had been made whether such child 
be born before or after his death. If a single woman make 
a will and marry and have issue, it is thereby revoked. A 
husband may take what is given him under a wife's will, 
or he may take the same interest in her estate real and 
personal that would be allowed under the intestate laws. 
Wills take effect as if executed immediately before the 
testator's death, unless a contrary intent appear. 

Wills must be probated to be effectual, within twenty 
years of death of testator. 

NOTARY PUBLIC. 

Applicant must be a citizen. Application should be 
made to the Secretary of State who will notify when to 
appear and take oath of office. 

Appointment is made by Governor with consent of 
Council. Term, four years. Bond is required. Fees — 
For protesting-, notifying and recording, $1.50; administer- 
ing oaths and taking acknowledgments, 20 cents. 

LAW CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 
Acknowledgments made out of the state, of deeds, mort- 
gages and other instruments may be made before a notary 
public in this or any other country, or before any officer 
or magistrate in the United States authorized to take 
acknowledgments by the local law. They may also be 
made in foreign countries before embassadors or other 
United States officers exercising ministerial functions. 
Commissioners of deeds for the state of Maine appointed 
by the governor in any of the United States or foreign 
countries. The acknowledgment by any one of the grant- 
ors is sufficient where there are more than one in the deed. 



AND FIRE INSURANCE. 465 

MARYLAND. 

STATUTE LAWS RELATING TO DEEDS. 
If a deed be not recorded within six months from its date a 
subsequent purchaser or mortgagee for value, not knowing of 
the previous transfer will have preference to the first pur- 
chaser, if his deed be first recorded. They must be witnessed 
by one or more witnesses. They must be under seal, but a 
scroll seal is sufficient. 

STATUTE LAWS RELATING TO MARRIED WOMEN. 

A married woman has the same right and power concerning 
property and to contract, sue and be sued, as if unmarried, but 
a mortgage or conveyance of her realty is subject to the dower 
interest of the husband unless her husband join in exempting 
it. If a wife be insane, by proper proceedings in court and 
giving security, the husband may have her estate placed in his 
care. If a wife do not join in a deed for her husband's realty 
and he die first she will have dower right therein (one-third). 

The husband is liable for the support of his family, but if 
the wife orders necessaries for the family, both may be sued, 
and collection enforced against the wife's property if the hus- 
band do not have sufficient. 

WARRANTY DEED. 

Know all men by these presents : That on considera- 
tion of to paid by the receipt whereof 

is hereby acknowledged, do hereby give, grant, bar- 
gain, sell and convey to the said heirs and assigns for- 
ever, the following described premises, situate in the 

of county of and state of Maryland, to wit : 

and all the right, title and interest of the said 

either in law or equity, in and to the said premises; together 
with all the appurtenances to the same belonging, but subject 
to all legal highways. 

To have and to hold unto the said heirs and assigns 

forever. 



466 INSTRUCTION IN REAL ESTATE 

And the said for and heirs, execu- 
tors and administrators, hereby covenant with the said 

.... heirs and assigns that the true and lawful owner 

of the said premises, and ha. . full power to convey the same; 
and that the title so conveyed is clear and unincumbered ; . . . . 

and further, that will warrant and defend the same 

against all claim or claims of all persons whatsoever. 

In witness whereof, the said who hereby releases. . . 

right and expectancy of dower in the said premsies, ha. . here- 
unto set .... hand this .... day of .... in the year of 

our Lord 



Signed and acknowledged in the presence of 



State of Maryland, , to-wit : 

I hereby certify, that on this .... day of in the year 

. . . ., before the subscriber, (here insert title of the officer tak- 
ing the acknowledgment) personally appeared (here insert 
the name of the person making the acknowledgment), and 
acknowledged the foregoing to be his act. 



Husband and Wife. 

State of County, to wit : 

I hereby certify that on this day of in the 

year before the subscriber, personally appeared 

(Insert name of Husband) and (Insert name of Wife) his 
wife, and did each acknowledge the aforegoing deed to be 
their respective act. (Name and official character.) 

MORTGAGE FORM. 

Tin's in(kMiture witncsseth tliat A. R., of party of the 

fn-st part, (if the mortgage is that of a married man and the 



AND FIRE INSURANCE. 467 

wife joins, as is commonly the case, to extinguish her dower 
or other rights, insert ''and Mary B., his wife" and make other 
corresponding changes below. If the land mortgaged belongs 

to a married woman insert ''and , her husband," and 

make other necessary changes below), in consideration of . . . 
dollars to him paid by C. D., party of the second part, the re- 
ceipt whereof is hereby acknowledged, does hereby give, 
grant, bargain, sell, release, convey and confirm to the said C. 
D., his heirs ("successors" instead of "heirs" if mortgage is to 
a corporation) and assigns forever the following described 

premises, situate in the of county of 

and state of , (describe it so that it may be accurately 

identified) and all the right, title and interest of the said A. B. 
either in law or equity, in and to the said premises; together 
with all the appurtenances to the same belonging. To have 
and to hold the same unto the said C. D., his heirs and assigns 
forever, and the said A. B., for himself and his heirs, execu- 
tors and administrators, hereby covenants with the said C. D., 
his heirs and assigns that he, the said A. B., is lawfully seized 
of the said premises, in fee simple, and has full right and 
power to convey the same, that the title and premises so con- 
veyed are clear and unincumbered; (if there are any excep- 
tions to this state them) and further, that he will warrant and 
defend the same against all claim or claims of all persons 
whomsoever. Provided, nevertheless, that whereas the said 
A. B. has executed and delivered unto the said C. D,, a cer- 
tain (bond, promissory note, or as the case may be) bearing 
even date herewith (then proceed to further describe it so 
that it may be identified with certainty, or, if short, a copy of 
it may be here inserted, the fact being stated that it is a copy). 
Now if the said A. B., his heirs, executors, administrators 
or assigns shall pay said debt or sum of dollars and in- 
terest which shall accrue thereon to the said C. D., his heirs 
or assigns, according to the tenor thereof, then this mortgage 
shall be void. 



468 INSTRUCTION IN REAL ESTATE 

In witness thereof, the said A. B has hereunto set 

his hand and seal this day of in the year of our 

Lord A. B. (seal.) 

Signed and acknowledged in presence of 
E. R 
G. H. 
State of Maryland, . . . . , to-wit : 

I hereby certify, that on this .... day of in the year 

...., before the subscriber, (here insert title of the officer 
taking the acknowledgment) personally appeared (here insert 
the name of the person making the acknov/ledgment), and 
acknowledged the foregoing deed to be his act. 

Husband and Wife. 

State of County, to wit : 

I hereby certify, that on this day of in the 

year , before the subscriber, personally ap- 
peared (Insert name of husband) and (Insert name of wife) 
his wife, and did each acknowledge the foregoing deed to be 
their respective act. (Name and official character.) 

STATUTE LAWS RELATING TO CHATTEL 
MORTGAGES. 

Chattel mortgages are executed, acknowledged and re- 
corded like bills of sale. They take effect, except as between 
parties thereto, only from time of recording; and in case of 
more than one mortgage, the one first recorded has prefer- 
ence. The mortgagee, or his agent, (or one of the mortga- 
gees, if more than one), must make affidavit or affirmation of 
the bona fides of the consideration ; also ''that he has not re- 
quired the mortgagor, his agent or attorney, or any person 
for the said mortgagor, to pay the tax levied upon the interest 
covenanted to be paid, in advance, nor will he require the same 
to be paid by the mortgagor, or any person for him, during 
the existence of the mortgage." 

Penalties arc provided for mortgagors of personal property 



ANti nUP. INSURANCE. 469 

who fraudulently remove, sell, hypothecate, secrete or destroy 
the same. 

Charging" usurious interest is unlawful, and suhjects the 
offender to punishment by fine and imprisonment, and to for- 
feiture of the entire amount loaned. 

CHATTEL MORTGAGE. 

I of County, Maryland, being now indebted 

to of County in the sum of dollars with 

interest from in consideration thereof, do hereby bar- 
gain and sell to the said , the following property: (de- 
scribe it) provided that if I, the said shall pay to the 

said the said sum of dollars, with interest 

thereon, on or before the day of then these 

presents shall be void. 

Witness my hand and seal this day of .... 19. . 

Witness (Seal.) 

State of Maryland, , to-wit : 

I hereby certify, that on this day of .... in the year 

, before the subscriber, (here insert title of the officer 

taking the acknowledgment) personally appeared (here in- 
sert the name of the person making the acknowledgment), and 
acknowledged the foregoing deed to be his act. 



State of Maryland, County, ss. 

I do solemnly swear. That I am the within named mortga- 
gee, and that the property described in the within mortgage, 

was on the .... day of 19 . . conveyed to to 

secure the payment of dollars, of which sum there is 

yet due and unpaid the sum of dollars ; that I have not 

required the mortgagor, his agent or attorney to pay the tax 
levied upon the interest covenanted to be paid in advance, nor 
will I require the same to be paid by the mortgagor or any 
person for him during the existence of this mortgage. So 
help me God. 

Subscribed and sworn to before me this .... day of , 

19- . 



470 INSTRtlCTTON TN RF.AL flSTATR 

STATUTE LAWS RELATTNG TO BILLS OF SALE. 

Bill of sale of personalty is necessary to pass title to per- 
sonal property whereof the vendor or donor remains in posses- 
sion. A bill of sale must be recorded within twenty days of 
date of execution in the county or city where the vendor or 
donor resides, or, if he resides out of the state, and the per- 
sonal property is located in Maryland, such bill of sale must 
be recorded in the county where the property is located, or in 
Baltimore city, if it be located in said city. Like deeds of real 
estate, when a bill of sale is acknowledged before a justice of 
the peace within the state, but out of the county in which the 
instrument is to be recorded, the official character of the jus- 
tice must be certified by the clerk of the circuit or superior 
court under his official seal. The vendee or his agent must 
make affidavit or affirmation that the consideration in the bill 
of sale is true and bona fide as therein set forth. 

BILL OF SALE. 

I, of in consideration of dollars paid 

me by of do hereby bargain and sell to said 

the following described property (here describe and 

particularize property.) 

Witness my hand and seal. 

(Seal.) 

State of Maryland, , to-wit : 

I hereby certify, that on this day of in the 

year before the subscriber, (here insert title of the offi- 
cer taking the acknowledgment) personally appeared (here 
insert the name of the person making the acknowledgment), 
and acknowledged the foregoing bill of sale to be his act, and 
that the consideration stated is true and bona fide as therein 
set forth. 

Subscribed and sworn to before mc this . . . . dav of . . 19. . 



AND FIRE INSURANCE. 4/1 

STATUTE LAWS RELATING TO LANDLORD AND 
TENANT. 

For rent due, personal property, while on the premises 
leased, including stock and growing crops, may be distrained 
either before or after the end of the term of lease ; and goods 
moved from the premises may be followed at any time within 
sixty days after the time when the rent becomes due. After 
the property is seized and the tenant has had notice thereof, 
he has the right to replevy them if the seizure is wrongful. 
A plea of setoff is not allowed in replevin. 

A landlord must give notice to quit in writing before he can 
expel his tenant by reason of expiration of term of lease. (Six 
months in the case of tenancies from year to year, and one 
month or one week, as the case may be, to tenants by the 
month or week.) Tenants holding over after the expiration 
of the term of lease, due notice to quit having been given, may 
be dispossessed by a warrant for the restitution of possession 
of the premises issued to the sheriff by a justice of the peace. 

A lease for more than seven years must be recorded to b(i- 
come effective. All rents reserved by leases made subse- 
quently to April 5th, 1900, for a longer period than fifteen 
years, are redeemable at any time after the expiration of five 
years from date, at the option of the tenant, after a notice of 
one month to the landlord, for a sum of money equal to a 
capitalization of the rent at six per cent. 

FORM OF NOTICE TO QUIT. 

As I am desirous to have again and repossess the premises 
(here describe them) which you now hold of me, as tenant, I 
hereby give you notice to remove from and quit same at the 
end of the year (or as the case may be) of your tenancy, 
which shall expire next after the end of one month (or six 
months where the renting is from )'ear to year) from the date 
hereof dated this dav of 19. .. 



472 INSTRUCTION IN REAL ESTATE 



LEASE FORM. 



This indenture made and executed this day of 

A. D., 19. ., between of , of the first part, and 

of , of the second part, witnesseth that in con- 
sideration of the rents and covenants hereinafter expressed, 
the said party of the first part has demised and leased, and 
does hereby demise and lease to the said party of the second 

part the following premises, viz. : (describe them) with 

the privileges and appurtenances, for and during a term of 

from the day of 19. •, which term will 

end And the said party of the second part covenants 

that he will pay to the party of the first part, for the use of 

said premises, the yearly rent of dollars ($...), to be 

paid monthly in advance in equal installments, without de- 
mand therefor being made by the party of the first part. 

And provided, said party of the second part shall fail to 
pay said rent, or any part thereof, when it becomes due, it is 
agreed that said party of the first part may sue for the same, 
or re-enter said premises, or resort to any legal remedy. 

The party of the part agrees to pay all taxes 

to be assessed on said premises during said term 

The party of the second part covenants that at the expira- 
tion of said term he will surrender up said premises to the 
party of the first part in as good condition as now, necessary 
wear and damage by the elements excepted. 

Witness the hands and seals of the said parties the day and 
year first above written. 

A. B. (seal). 
C. D. (seal). 

Signed, sealed and delivered in presence of 

E. F. 
G. H. 

Note. Leases should be made in duplicate, one for each 
party. 



AND FIRE INSURANCE. 473 

EXEMPTION AND HOMESTEAD LAWS. 

There is no homestead law in Maryland. As against exe- 
cution issued on any judgment if the benefit of exemption laws 
be not waived by the debtor, and notice of such waiver re- 
corded, property real or personal worth $ioo. is exempt, and 
will be appraised and set aside on demand. If the debtor elect 
to take realty, and the proper quantity cannot be divided off 
without spoiling the tract, the whole will be appraised and he 
will be paid from proceeds of sale. He cannot claim exemp- 
tions against a debt for unpaid purchase money of land, or 
against a mechanic's lien for a debt contracted in the erection 
of a building, or against the claim of a mortgagee, or against 
a levy on property for non-payment of taxes. All wearing 
apparel, mechanical text books and books of professional men, 
tools of mechanics, etc., worked by hand or foot, necessary to 
the practice of any trade or profession, and used in the prac- 
tice thereof (but not such as are kept for sale), are also ex- 
empt from execution. The benefit of exemption laws of Mary- 
land do not apply to any except actual bona fide residents of 
the state. As against a distress for rent, the law exempts 
every spinning wheel, loom, sewing machine, stove, oi musi- 
cal instrument, rented, hired or loaned to the tenant ; and every 
horse, carriage, harness, etc., not the property of the tenant, 
in any livery stable or barn of the tenant; also the property 
of any boarder in a hotel or boarding house of the tenant. 

STATUTE LAW RELATING TO FENCES. 
There is no general state law on the subject. All but two 
of the counties have separate local fence laws. The features 
common to almost all of these laws is the provision that par- 
tition fences between the adjoining lands of dififerent owners 
must be made and kept in repair by the owners at their joint 
expense. Upon failure of either party to make or repair his 
part, or pay his equal share of the cost thereof, the party ag- 
grieved ma\- obtain authority from a magistrate to make or 
repair the fence, and recover the cost from the party delaying 



474 INSTRUCTION IN REAL ESTATE 

or refusing to do his proportionate part of the work. In a 
few of the counties no action is maintainable for damage done 
by straying cattle unless when trespassing within fenced enclo- 
sure. 

STATUTE LAW RELATING TO LIMITATION. 

Taxes, levied for county or city purposes must be collected 
within four years from the time of levy ; but no such limita- 
tion can be pleaded to a claim for taxes due the state. All 
actions of account, actions of debt on a simple contract, de- 
tinue, replevin, trespass, injury to real or personal property, 
for illegal arrest, for false imprisonment or to recover rent in 
arrear, must be brought within three years from the time the 
cause of action accrued. 

Adverse possession of land for twenty years, if actual, 
visible, notorious and exclusive, is held to establish a valid 
title in the possessor. 

DECEDENT'S DEBTS. 

Decedent' debts are payable first out of personalty then 
realty. Debts are to be paid according to the following order 
of preference: i. Cost of administration. 2. Funeral ex- 
penses, widow's allowance, all taxes due and in arrear from 
the decedent. 3. Claims for rent for which a distress might 
have levied. 4. Judgments and decrees shall next be wholly 
satisfied. 

All other debts without regard to the quality of the same 
shall be on an equal footing without priority or preference. As 
against real estate, however, liens, such as judgments and 
mortgages take preference to any of the above. Payment can- 
not be enforced until after twelve months from granting of 
letters, except as to debts preferred in order of payment to 
No. 3. General creditors must collect their claims out of the 
personal estate if that is sufficient to ])ay the debts of tlic de- 
cedent. Judgment creditors must collect within twelve years 
after dale of the judgment. If the judgment is rendered by a 



AND FIRE INSURANCE. 475 

magistrate it must be recorded in the office of the clerk of the 
circuit court before it is a Hen on real property. 

Funeral expenses above referred to cannot exceed $300. 
The widow's allowance is $150 when there are infant children 
by a deceased husband and $75 where there are no infant chil- 
dren. 

STATUTE LAW RELATING TO DESCENT AND DIS- 
TRIBUTION WHEN NO WILLL IS LEFT. 

After payment of debts a widow or surviving husband, if 
there be issue, takes one-third of the realty for life and one- 
third of the personalty absolutely, and if there be no issue, but 
collateral heirs or other kindred, the widow takes one-third of 
the realty during life and half the personalty absolutely. This 
she may take even against her husband's will. 

Subject to the rights above mentioned, personalty is dis- 
tributed as follows : 

Children share equally. If the descendants are of dififerent 
degrees of consanguinity, they share per stirpes, that is, the 
issue of a deceased child, grandchild or other descendant tak- 
ing the share the parent would if living. 

If the owner of lands in fee simple, fee simple conditional 
or fee tail general, die without a will, such lands will descend 
in fee simple as follows : 

I. To the child or children and their descendants, if any, 
equally. 2. If no child or descendant, and the estate descended 
to the intestate on the part of the father, then to the father. 
3. If no father living, then to the brothers and sisters of the 
intestate of the blood of the father, and their descendants 
equally. 4. If no brother or sister as aforesaid, or descendant 
from such brother or sister, then to the grandfather, on the 
part of the father. 5. If no such grandfather living, then to 
the descendants, in equal degree equally. 6. If no descendant 
of such grandfather, then to the father of such grandfather; 
and if no such living, then to the descendants of the father of 
such grandfather in equal degree, and so on, passing to the 



47^ INSTRUCTION IN REAL ESTATft 

next lineal male paternal ancestor; and if none such, to his 
descendants in equal degree, without end. 7. If no paternal 
ancestor or descendant from such ancestor, then to the mother 
of the intestate. 8. If no mother living, to her descendants 
in equal degree equally., 9. If no mother living, or descend- 
ants from such mother, then to her maternal ancestors and 
their descendants, in the same manner as in above directed, as 
to the paternal ancestors and their descendants. 10. If the 
estate descended to the intestate on the part of the mother, 
and the intestate shall die without any child or descendant, 
then the estate shall go to the mother. 11. If no mother living, 
then to the brothers and sisters of the intestate of the blood of 
the mother and their descendants in equal degree, equally. 

12. If no such brother or sister, or descendants of such brother 
or sister, then to the grandfather on the part of their mother. 

13. If no such grandfather living, then to his descendants in 
equal degree, equally. 14. If no such descendants of such 
grandfather, then to the father of such grandfather; and if 
none such living, then to his descendants in equal degree ; and 
so on, passing to the next male maternal ancestor ; and if none 
such living, to his descendants in equal degree. 15. If no 
such maternal ancestor, or descendants from any maternal 
ancestor, then to the father of the intestate. 16. If no father 
living, to his descendants in equal degree. 

17. If no descendants living, or descendants from the 
father; then to the paternal ancestors and their descendants, 
in the same manner as hereinbefore directed as to the maternal 
ancestors. 

18. If the estate be vested in the intestate by purchase or 
any other way than above mentioned, and there be no child or 
descendant of his, it shall descend to his brothers and sisters 
of the whole blood and their descendants in equal degree 
equally. 

19. If no brother or sister of the whole blood, or descend- 
ant thereof, then to the brothers and sisters of the half blood 
and their descendants in equal degree, equally. 



AND FIRE INSURANCE. 477 

20. If no brother or sister of the blood, or any descendant 
from same, then to the father ; and if no father Hving, then to 
the mother, and if no mother Hving, to the grandfather on the 
part of the father; and if no such grandfather living, then to 
the descendants of such grandfather in equal degree equally. 

21. If no such grandfather or any descendant from him, 
then to the grandfather on the part of the mother; and if no 
such grandfather, then to his descendants in equal degree, 
equally ; and so on, without end, alternately, with the next pa- 
ternal ancestor and his descendants and the next maternal an- 
cestor and her descendants and giving preference to the pa- 
ternal ancestor and his descendants. 

22. If no descendants or kindred of the intestate, the estate 
shall go to the husband or wife as the case may be ; and if the 
husband or wife be dead, then to such husband's or wife's kin- 
dred ; and if the intestate survives two or more husbands or 
wives the estate shall be divided among their kindred in equal 
degree, equally. 

A child born after the death of the intestate shall inherit as 
if born before. There is no distinction between brothers and 
sisters of the whole or half blood, all being descendants of the 
same father, where the estate descended on the part of the 
father; or if all are descendants of the same mother, where 
the estate descended on the part of the mother. Where a 
father or mother would have inherited, if living, from the in- 
testate, his or her children take his or her share in equal parts 
by representation, except that there shall be no representation 
amongst collateral kindred after brothers' and sisters' chil- 
dren. Nothing herein contained is to affect any widow's right 
of dower. The marriage of parents legitimizes children pre- 
viously born. A mother and her illegitimate child may in- 
herit from each other or from the descendants of each other, 
and if the mother be dead before the death of the child the 
heirs at law of the mother will inherit the real or personal 
estate of the child. A child who has received from the intes- 
tate real estate may participate in the balance of the estate by 



478 INSTRUCTION IN REAL ESTATE 

bringing into hotchpot with the balance of the estate the real 
estate so advanced to him. 

DISTRIBUTION OF PROPERTY BY WILL. 

Every male person twenty-one years old and every female 
person eighteen years old, of sound mind, may dispose of his 
or her real or personal estate by will in writing, which unless 
the person making the same shall be prevented by the extrem- 
ity of his last sickness, shall be signed at the end thereof by 
himself or by some person in his presence by his express di- 
rection. The will must be proved by the oaths or affirmations 
of two or more competent witnesses. A testator may sign by 
making his sign or cross. Growing crops in lands held by a 
widow in dower or by other life tenant may be disposed of 
by will as other personalty, also rents and other periodical 
payments accrued to a life tenant or to any person entitled 
under laws regulating the descent and partition of real estate. 

A soldier or sailor in actual military service may dispose 
of his movables, wages, personal estate, by nuncupative will. 

A devise of real estate to a person without referring to his 
heirs or using words of inheritance or perpetuity passes all 
the estate of the testator therein unless a contrary intent ap- 
pear. The real estate acquired by a testator after making his 
will, shall pass by a general devise, unless a contrary intention 
be manifest on the face of the will. No devise, legacy or be- 
quest shall lapse or fail of taking effect by reason of the death 
of any devisee or legatee of the testator, but such devise, leg- 
acy or bequest shall have the same effect and operation in law 
to transfer the right, estate or intent of the property men- 
tioned, in such devise or bequest as if such devisee of legatee 
had survived the testator. If a person make a last will and 
testament and afterwards marry or have a child or children 
not provided for in such will, and die, such widow and child 
share in his estate as if no will had been made, whether such 
child is born before or after his death. If a single woman 
make a will and marry, it is thereby revoked. A husband may 
take what is given him under a wife's will, or he may take the 



AND FIRE INSURANCE. 479 

same interest in her estate, real and personal, that would be 
allowed a widow under the intestate laws, or he may take 
alone, a life estate in the whole of her realty. No real or per- 
sonal property shall be bequeathed, devised or conveyed un- 
less for a valuable consideration, or for religious or charitable 
uses, except by deed or will attested by two creditable disin- 
terested witnesses at least one calendar month before the de- 
cease of the testator or grantor. Wills take effect as if exe- 
cuted immediately before the testator's death, unless a con- 
trary intent appear. 

The probate or refusal of probate of a will if not contested 
within three years is conclusive as to real estate. 

NOTARY PUBLIC. 
Applicant must be a citizen of the United States and a resi- 
dent for two years of the state. Application should be made 
to the Secretary of State, who will notify when to appear and 
take oath of office. Women are eligible. Appointment is 
made by the Governor. Fee for Baltimore, $20., and a bond 
of $6,000. is required. Outside of Baltimore a bond of $2,000. 
is required. Term, four years. Fees, Protesting, $2. ; Affix- 
ing Seal, 50 cents ; Administering Oath or Taking Acknowl- 
edgment, 12 1-2 cents. 

LAW CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 
Acknowledgments made out of the state, of deeds, mort- 
gages and other instruments concerning land for recording 
in Maryland may be made before a notary public in this or 
any other country, a commissioner of Maryland to take ac- 
knowledgments of deeds, a judge of any court of the United 
States, or a judge of any court of any state or territory hav- 
ing a seal. They may also be made in foreign countries be- 
fore any minister, consul-general, consul, deputy consul, vice 
consul, consular agent, or consular officer of the United 
States. If made before the judge of any court having a seal, 
the seal of such should be affixed. 



480 INSTRUCTION IN REAL ESTATE 

MASSACHUSETTS. 

STATUTE LAW RELATING TO DEEDS. 

A conveyance of an estate in fee simple, fee tail or for 
life or a lease for more than seven (7) years the making 
thereof, shall not be valid as against any person other than 
the grantor or lessor and his heirs and devises, and per- 
sons having actual notice of it, unless it is recorded in the 
registry of deeds for the county or district in which the 
real estate is situated. 

A deed is valid without attesting witnesses. 

The deed must be under seal. The seal must be some 
foreign substance affixed to the deed. 

STATUTE LAW RELATING TO MARRIED 
WOMEN. 

A married woman has the same right and power con- 
cerning property and to contract, sue and be sued, as if 
unmarried, but a mortgage or conveyance of her realty 
is void unless her husband join her therein. 

If a wife be insane, by proper proceedings in court and 
giving security the husband may have her estate placed in 
his care. If a wife do not join in a deed for her husband's 
realty and he die first she will have dower therein (one- 
third for life). 

The husband is liable for the support of his family. 

A married woman may make contracts oral and written, 
sealed and unsealed, in the same manner as if she were 
unmarried, except that she shall not make contracts with 
her husband. 

WARRANTY DEED. 

Know all men by these presents that in consid- 
eration of paid by the receipt whereof is 

hcrcl^y acknowledged, do hereby give, grant, bargain, sell, 
and convey unto the said (describe the property). 

To have and to hold the granted premises, with all the 



AND FIRE INSURANCE. 481 

privileges and ai)piirtenanees thereto belonging, to the 

said and heirs and assigns, to their own use 

and behoof forever. 

And hereby for and heirs and exec- 
utors, and administrators, covenant with the grantee. . 

and assigns that lawfulty seized in fee simple of the 

granted premises ; that they are free from all incum- 
brances ; that have good right to sell and 

convey the same as aforesaid ; and that will and 

heirs, executors, and administrators shall Warrant. 

and defend the same to the grantee., and heirs 

and assigns forever against the lawful claims and demands 

of all persons And for the consideration aforesaid 

do hereby release unto the said grantee and 

heirs and assigns all right of or to both dower and 

homestead in the granted premises, and all other rights 
and interest therein 

In witness wdiereof the said hereunto set 

hand and seal this day of in the year 

one thousand nine hundred and 

\ (seal.) 

(seal.) 

Signed and sealed in presence of 



Commonwealth of Massachusetts, ,ss : , 19.. 

Then personally appeared the above-named and 

acknowledged the foregoing* instrument to be free 

act and deed, before me 

Justice of the Peace. 

QUIT CLAIM DEED. 

Know all men by these presents, that I, , in con- 
sideration of , paid by , the receipt whereof 

is hereby acknoAvledged, do hereby remise, and forever 
quitclaim unto the said (here describe property). 

To have and to hold the granted premises, with all the 



482 INSTkUCTiON IN REAL ESTATE 

privileges and appurtenances thereto belonging to the said 

and heirs and assigns, to their own use and 

behoof forever. 

And I do hereby, for and my heirs, executors 

and administrators, covenant with the said grantee and 

heirs and assigns that the granted premises are 

free from all incumbrances made or suffered by 

and that I will and heirs, executors, and ad- 
ministrators shall warrant and defend the same to the said 

grantee and heirs and assigns forever against the 

lawful claims and demands of all persons claiming by, 
through, or under but against none other. 

And for the consideration aforesaid, , I, , 

do hereby release unto the said granteee and 

heirs and assigns all right of or to both dower and home- 
stead in the granted premises, and all other rights and 
interests therein. 

In witness whereof, the said hereunto set 

hands and seals this day of in the 

year one thousand nine hundred and 

(seal.) 

(seal.) 

Signed, sealed and delivered in presence of 



Commonwealth of Massachusetts, ,ss: , 19.. 

Then personally appeared the above named and 

acknowledged the foregoing instrument to be free 

act and deed, before me 

, Justice of the Peace. 

MORTGAGE FORM. 

This indenture witnesseth that A. B., of , party 

of the first part, (if the mortgage is that of a married man 
and the wife joins, as is commonly the case, to extinguish 
her dower and other rights, insert ''and Mary B., his wife," 
and make other corresponding changes below. If the land 



AND FIRE INSURANCE. 483 

mortgaged belongs to a married woman insert "and , 

her husband," and make other necessary changes below), 

in consideration of dollars to him paid by C. D., 

party of the second part, the receipt wdiereof is hereby 
acknowledged, does hereby give, grant, bargain, sell, re- 
lease, convey and confirm to the said C. D., his heirs ("suc- 
cessors" instead of "heirs" if mortgage is to a corporation) 
and assigns forever the following described premises, sit- 
uate in the of , county of ,and state 

of (describe it so that it may be accurately identi- 
fied) and all the right, title and interest of the said A. B., 
either in law or equity, in and to the said premises ; 
together with all the appurtenances to the same belong- 
ing. To have and to hold the same unto the said C. D., 
his heirs and assigns forever, and the said A. B., for him- 
self and his heirs, executors and administrators, hereby 
covenants wnth the said C. D., his heirs and assigns that 
he, the said A. B., is lawfully seized of the said premises, 
in fee simple, and has full right and power to convey the 
same, that the title and premises so conveyed are clear and 
unincumbered; (if there are any exceptions to this state 
them) and further, that he will warrant and defend the 
same against all claim or claims of all persons whomso- 
ever. Provided, nevertheless, that whereas the said A. B., 
has executed and delivered unto the said C. D., a certain 
(bond, promissory note, or as the case may be) bearing 
even date herewith (then proceed to further describe it 
so that it may be identified wath certainty, or, if short, a 
copy of it may be here inserted, the fact being stated that 
it is a copy). 

Now if the said A. B., his heirs, executors, administrators 

or assigns shall pay said debt or sum of dollars 

and interest which shall accrue thereon to the said C. D., 
his heirs or assigns, according to the tenor thereof, then 
this mortgage shall be void. 

In witness thereof, the said A. B has hereunto 



4^4 INSTRUCTION IN REAL ESTATE 

set his hand and seal this day of in the 

year of our Lord 

A. B. (seal.) 
Signed and acknowledged in presence of 
E. F. 
G. H. 

19.... 

Then personally appeared the above named ' 

and acknowledged the foregoing instrument to be 

free act and deed, before me. 



STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 
Must be recorded within 15 days from date thereof to 
be valid as to any other person than the parties thereto. 
Are applicable to all personal property. 

CHATTEL MORTGAGE. 

Know all men by these presents, that in con- 
sideration of . paid by the receipt whereof 

is hereby acknowledged, do hereby grant, sell, transfer, 

and deliver unto the said the following goods 

and chattels, namely : To have and to hold all and 

singular the said goods and chattels to the said 

and executors, administrators, and assigns, to 

their own use and behoof forever. 

And hereby covenant with the vendee that 

the lawful owner of the said goods and chattels ; 

that they are free from all incumbrances , that 

have good right to sell the same as aforesaid ; 

and that will warrant and defend the same 

against the lawful claims and demands of all persons 

Provided nevertheless that if , or ex- 
ecutors, administrators, or assigns shall pay unto the 

vendee, or executors, administrators, or assigns, 

the sum of . , , . in from this date, with in- 



AND FIRE INSURANCE. 485 

tcrest as stated in note of even date signed by 

, and until such payment shall keep the said 

goods and chattels insured against fire in a sum not less 

than dollars for the benefit of the vendee and 

executors, administrators, and assigns in such 

form and in such insurance companies as they shall ap- 
prove ; shall not waste or destroy the said goods and 
chattels nor suffer them or any part thereof to be attached 
on mesne process, and shall not, except with the consent 

in writing of the vendee or representatives, 

attempt to sell or to remove from the same or 

any part thereof, then this deed, as also the aforesaid note, 
shall be void. 

But upon any default in the performance or observance 
of the foregoing condition, the vendee, or execu- 
tors, administrators, or assigns, may sell the said goods 

and chattels at public auction, first giving days' 

notice in writing of the time and place of sale to 

or representatives, or publishing such notice once 

a week for three successive weeks in some one newspaper 

in said And out of the money arising from such 

sale the vendee, or representatives shall be en- 
titled to retain all sums then secured by this mortgage 
whether then or thereafter payable, including all costs, 
charges, and expenses incurred or sustained b}^ them in rela- 
tion to the said property, or to discharge any claims or liens 
of third persons afTecting the same ; rendering the surplus, 
if any, to or executors, administrators, or as- 
signs. 

And It Is agreed that the vendee, or executors, 

administrators, or assigns, or any person or persons in 
their behalf, may purchase at any sale made as aforesaid ; 
and that until default In the performance or observance of 
the condition of this deed and execu- 
tors, administrators, and assigns, may retain possession of 
the above mortgaged property and may use and enjoy the 



4^6 INSTRtJCTtOK IN REAL ESTATE 

same, but after such default, the vendee or those claim- 
ing under may take immediate possession of said 

property and for that purpose may, so far as I can give 
authority therefor, enter upon any premises on which said 
property or any part thereof may be situated, and remove 
the same therefrom. 

In witness whereof, the said party of the first part here- 
unto sets his hand and seal this day of , A. 

D., 19. . seal.) 

Witness : 



BILL OF SALE FORM. 

Know all men by these presents, that I, A. B., of ....... 

in consideration of the sum of dollars to me in hand, 

paid by C. D., of the same place, at and before the enseal- 
ing and delivering of these presents, the receipt whereof 
I do hereby acknowledge, (or if the consideration be dif- 
ferent state it), have bargained, sold, released, granted, and 
confirmed, and by these presents, do bargani, sell re- 
lease, grant, and confirm, unto the, said C. D., all the fol- 
lowing goods, household stuff, and implements of house- 
hold, (or as. the case may be) (here describe each article 
so it can be identified) now remaining and being (mention 
where they are) to have and to hold all and singular the 
said goods and chattels, etc., and every one of them, by 
these presents bargained, sold, released, granted, and con- 
firmed, unto the said C. D., his heirs, executors, adminis- 
trators, and assigns, to his and their only proper use and 
behalf forever. 

Witness my hand and seal, this fourth day of , 

A. D., 19.. A. B. (seal.) 

Signed, sealed and delivered in presence of 
E. G. 
A. R. 



AND FJRE INSURANCE. 487 

STATUTE LAW RELATING TO LANDLORD 
AND TENANT. 

A lease not in writing and signed by the lessor, if for 
more than three years, will have the effect of creating a 
tenancy at will only. 

Estates at will may be terminated by either party by a 
three months' notice in writing for that purpose given to 
the other party, and when the rent reserved is payable at 
periods of less than three months the time of notice shall 
be sufficient if it is equal to the interval between the days 
of payment. In case of neglect or refusal to pay rent 
due, from a tenant at will, fourteen days' notice to quit 
given in writing by the landlord to the tenant shall be suf- 
ficient to determine the tenancy. 

When the period for which the lease has been created 
has expired the lease is at an end unless something is done 
to keep it alive. 

No lease for more than seven years is valid as against 
any person other than the grantor or lessor and his heirs 
and devises and persons having actual notice of it, unless 
it is recorded in the registry of deeds for the county or 
district in which the real estate is situated. 

LEASE FORM. 

This indenture, made the day of , in the 

year of our Lord one thousand and nine hundred and .... 

Witnesseth, That I, , do hereby lease, demise, and 

let unto 

To hold for the term of from the day 

of nineteen hundred and , yielding and 

paying therefor the rent of And said Lessee 

does promise to pay the said rent in and to quit 

and deliver up the premises to the Lessor, attor- 
ney, peaceably and quietly, at the end of the term, in as 
good order and condition, reasonable use and wearing 
thereof, fire and other unavoidable casualities excepted, 
as the same now are, or may be put into by the said Lessor, 



488 INSTRUCTION IN REAL ESTATE 

and to pay the rent as above stated, during the term, and 
also the rent as above stated, for such further time as the 
Lessee may hold the same, and not make or suffer any 
waste thereof; nor lease, nor underlet, nor permit any 
other person or persons to occupy or improve the same, 
or make or suffer to be made any alteration therein, but 
with the approbation of the Lessor thereto, in writing, 
having been first obtained and that the Lessor may enter 
to view and make improvements, and to expel the Lessee, 
if he shall fail to pay the rent as aforesaid, or make or suf- 
fer any strip or waste thereof. 

And provided also, that in case the premises, or any 
part thereof during said term, be destroyed or damaged by 
fire or other unavoidable casualty so that the same shall 
be thereby rendered unfit for use and habitation, then, in 
such case, the rent hereinbefore reserved, or a just and pro- 
portional part thereof, according to the nature and extent 
of the injuries sustained, shall be suspended or abated 
until the said premises shall have been put in proper con- 
dition for use and habitation by the said Lessor, or these 
presents shall thereby be determined and ended at the 
election of the said Lessor or legal representatives. 

In witness whereof, The said parties have hereunto in- 
terchangeably set their hands and seals the day and year 
first above written. 

(seal.) 

(seal.) 

Signed, sealed and delivered in presence of 



EXEMPTION AND HOMESTEAD LAWS. 
Every householder having a family is entitled to an es- 
tate of homestead to the value of eight hundred dollars 
in the farm or lot of land and building thereon, owned or 
rightfully possessed by lease or otherwise, and occupied 
by him as a residence, as against his debts or legacies, 



AND FIRE INSURANCE. 489 

not, however, as against taxes or a debt for the purchase 
money of the property, or a debt contracted before the 
proper steps have been taken to secure the estate of home- 
stead as indicated below, nor shall buildings on land not 
owned by the householder be exempt from levy or sale 
for the ground rent of the lot whereon they stand. No es- 
tate of homestead shall affect a lien or other incumbrance 
previously existing". 

To create such an estate it shall be set forth in the deed 
of conveyance by which the property is acquired that it 
is designed to be held as a homestead, or after the title is 
acquired such design may be declared in writing duly 
signed, sealed and acknowledged and recorded in the 
county or district where the property is situated. Acquir- 
ing a new estate of homestead will defeat one previously 
existing. 

To convey such estate, or release or waive it as against 
the owner or his wife and children, the wife of the owner, 
if he have one, must join her husband in executing the in- 
strument, conveying, releasing or waiving it, as she would 
in releasing her dower. There is also statutory provision 
whereby the rights of children in the estate may be re- 
linquished. The estate of homestead continues after the 
death of the householder for the benefit of the widow and 
minor children w^ho may occupy the premises until the 
young^est child is twenty-one years of age and until the 
marriage or death of the widow, and this estate may be 
set off to them as dower is set off to the widow, the re- 
maining estate in the land being subject to the laws relat- 
ing to devise, descent, dower and sale for the payment of 
debts and legacies. 

The estate of homestead may be sold after proper pro- 
ceedings in court, the parties obtaining the benefit of the 
proceeds instead of retaining the estate in the land, or the 
widow may make such sale if there are no minor children. 

The following articles of a debtor are exempt from exe- 
CUtioiij viz. : The necessary wearing apparel of himself 



490 INSTRUCTION IN REAL ESTATE 

and of his wife and children ; one bedstead, bed and the 
necessary bedding for every two persons in the family, one 
iron stove used for warming the dwelling-house and fuel 
not exceeding the value of twenty dollars procured and 
designed for the use of the family. 

Other household furniture not exceding three hundred 
dollars in value, the Bibles, school books and library, used 
by him or his family, not exceeding fifty dollars in value. 
One cow, six sheep, one swine and two tons hay. The 
tools, implements and fixtures necessary for the carrying 
on of his trade or business, not exceeding one hundred dol- 
lars in value. Materials and stock designed and procured 
by him and necessary for carrying on his trade or busi- 
ness, and intended to be used or wrought therein, not ex- 
ceeding one hundred dollars in value. 

Provisions necessary and procured and intended for the 
use of the family, not exceeding fifty dollars in value. 

One pew occupied by him or his family in a house of 
public worship : provided that nothing herein contained 
shall prevent the sale of a pew for the non-payment of a 
tax legally laid thereon. 

The boat, fishing tackle, and nets of fisherman actually 
usel by them in the prosecution of their business to the 
value of one hundred dollars. 

The uniform of an officer or soldier in the militia and 
the arms and accoutrements required by law to be kept by 
him. 

Rights of burial and tombs while in use as repositories 
of the dead. . 

One sewing machine, not exceeding one hundred dollars 
in value, in actual use by the debtor or his family. 

Share in co-operative associations formed under chapter 
one hundred and six, not exceeding twenty dollars in 
value in the aggregate. 



AND FIRE INSURANCE. 401 

STATUTE LAW RELATING TO EENCES. 

A land owner need not fence cattle out. Their owner 
must fence them in. Fence viewers are to determine dis- 
putes about the building and maintenance of line fences 
between the iniproved or enclosed lands of two owners. 

No barbed wire fence to be built or maintained within 
six feet above ground along- any sidewalk located on or 
upon any public street or highway. To wilfully pull down 
or remove any portion of a stone wall or fence for enclos- 
ing lands is punishable by fine. 

STATUTE LAW RELATING TO LIMITATION. 

Suits to recover lands must be brought within twenty 
years after the right accrued to the claimant or his pre- 
decessor in title. 

The following actions may be commenced within six 
years after the cause of action accrues and not afterwards : 

1. Actions founded upon contracts or liabilities not 
imder seal, expressed or implied, except such actions as 
are brought upon judgments or decrees of courts of record 
of this or some other of the Linked States. 

2. Actions for arrears for rent, except upon leases under 
seal. 

3. Actions of replevin, and all other actions for the 
taking, detaining or Injuring of goods or chattels. 

DECEDENT'S DEBTS. 

As against real estate, attachments and mortgages take 
preference. Administrators cannot be sued before a year 
has expired, but must be sued within two years from 
granting of letters of administration and filing of bond. 
As against realty, all creditors must take steps to collect 
or further secure their claims within two years. 

When the estate of a person deceased is Insufficient to 
pay all his debts, it shall, after discharging the necessary 
expenses of his funeral and last sickness and charges of 



49^ iNSTkUCTlON IN REAL ESTATE 

administration be applied to the payment of his debts as 
follows : 

1. Debts entitled to a preference under the laws of the 
United States. 

2. Taxes and public rates. 

3. Wages of clerk, servant or operative performed 
within one year next preceding the death of such deceased 
person but not to an amount more than $100. 

4. Debts due all other persons. 

STATUTE LAW RELATING TO DESCENT AND 
DISTRIBUTION WHEN NO WILL IS LEFT. 

Posthumous children shall be considered as living at 
the death of their parent. 

Of the remaining personal estate and real estate of the 
deceased not lawfully disposed of by will the surviving 
husband or widow shall take and hold one-third, if the 
deceased leaves issue ; $5000 and one-half of the remaining 
estate if the deceased leaves no issue ; and the whole 
if the deceased leaves no kindred. In case the personal 
estate is insufficient to pay the said sum of $5,000 the bab 
ance shall be paid from the sale or mortgage, in the manner 
provided for the payment of debts or legacies, of any in- 
terest of the deceased in real estate wdiich he could have 
conveyed at the time of his death. 

When a man and his wife are seized in her right and 
when a married woman is seized to her sole and separate 
use of an estate of inheritance in lands, the husband shall 
on the death of his wife, hold one-third of the lands for 
his life, which estate shall be known as his tenancy thereof 
by courtesy ; a wife shall be entitled to her dower at com- 
mon law in the lands of her deceased husband ; but to be 
entitled thereto the surviving husband or widow shall file 
his or her election and claims therefor in the registry of 
probate within one year from the date of the approval of 
the bond of the executor. 



AND FIRE INSURANCE. 493 

Rules regulating descent of real estate of persons dying 
intestate : 

1. In equal shares to his children and to the issue of 
any deceased child by right of representation, and if there 
is no surviving child of the intestate, then to all his other 
lineal descendents. If all such descendants are in the same 
degree of kindred to the intestate, they shall share the 
estate equally; otherwise, they shall take according to the 
right of representation. 

2. If he leaves no issue, then in equal shares to his 
father and mother. 

3. If he leaves no issue, nor mother, then to his father. 

4. If he leaves no issue, nor father, then to his mother. 

5. If he leaves no issue and no father nor mother, then 
to his brothers and sisters and to the issue of any deceased 
brother or sister by right of representation. 

6. If he leaves no issue, and no father, mother, brother 
or sister and no issue of any brother or sister, then to his 
next of kin in equal degree. 

7. If he leaves no kindred, nor widow or husband, his 
or her estate shall escheat to the commonwealth. 

The kindred of the half blood shall inherit equally with 
those of the whole blood in the same degree. 

An illegitimate child shall be the heir of his mother and 
of any maternal ancestor and the lawful issue of an illegiti- 
mate person shall represent such person and take by de- 
scent any estate which such person would have taken if living. 

An illegitimate child whose parents have intermarried 
and whose father has acknowledged him as his child, shall 
be considered legitimate. 

DISTRIBUTION OF PROPERTY BY WILL. 

Every person of sound mind 21 years old may dispose of 
his or her real or personal estate by will in writing, which, 
unless the person making the same shall be prevented by 



494 INSTRUCTION IN REAL ESTATE 

the extremity of his last sickness, shall be signed either by 
himself or by some person in his presence by his express 
direction. The will must be proved by the oaths or affir- 
mations of three competent witnesses. There must be 
three subscribing witnesses to render the will valid. A 
testator may sign by making his sign or cross. Growing 
crops in lands held by a widow in dower or by other life 
tenant may be disposed of by will as other personalty, 
also rents and other periodical payments accrued to a life 
tenant or to any person entitled under laws regulating the 
descent and partition of real estate. 

A devise of real estate to a person without referring to 
his heirs or using words of inheritance or perpetuity passes 
all the estate of the testator therein, unless a contrary 
intent appear. The real estate acquired by a testator after 
making his will shall pass by a general devise, unless a 
contrary intention be manifest on the face of the will. If 
there be a devise or legacy in favor of a child or other 
lineal descendant, or where there is no lineal descendant, 
in favor of a brother or sister or the children of a deceased 
brother or sister, it shall not lapse or become void by rea- 
son of the devisee or legatee dying in the lifetime of the 
testator, provided such devisee or Igatee leave issue sur- 
viving the testator, and in such case the issue .will take 
the devise or legacy. If any person make a last will and 
testament, and afterwards marry or have a child or chil- 
dren, not provided for in such will, and die, such widow or 
child shall share in his estate as if no will had been made 
whether such child be born before or after his death. If 
a single woman make a will and marry, it is thereby 
revoked. 

The surviving husband or widow of a deceased person, 
at any time within one year after the probate of the will 
of such deceased, may file in the registry of probate a 
writing signed by him, naming any provisions that may 
have been made in it for him, or claiming such portion of 
the estate of the deceased as he would have been entitled 



AND FIRE INSURANCE. 495 

to if the deceased had died intestate and he shall therefore 
be entitled to the same portion of th estate of the deceased, 
real and personal, that he would have been entitled to if 
the deceased had died intestate, except that if he would 
thus become entitled to real and personal estate to an 
amount exceeding $10,000 in value he shall receive in ad- 
dition to that amount only the income during his life of 
the excess of his share of such estate above that amount, 
the personal estate to be held in trust and the real estate 
vested in him for life, from the death of the deceased, and 
except that if the deceased leaves no kindred, he upon 
such waiver shall take the interest he would have taken if 
the deceased had died leaving kindred but no issue. The 
amount not exceeding $10,000 above given absolutely, 
shall be paid out of the part of the personal estate in which 
the husband or widow is interested and in case it is insuf- 
ficient, the remainder shall be paid from the sale of mort- 
gage in fee in the manner provided for the payment of 
debts or legacies, of that part of the real estate in which he 
is interested, to be made either before or after it is set 
ofif for his life from the other real estate of the deceased. 

NOTARY PUBLIC. 

Applicant must be a citizen. Application should be 
made to the Secretary of State who will notify when to 
appear and take oath of office. 

Fee, $5. Term of office, seven years. Fees — Protesting, 
$500 or more, $1 ; less than $500, 50 cents; recording same, 
50 cents ; noting, 75 cents ; administering oaths or taking 
acknowledgments, 25 cents. 

LAW CONCERNING ACKNOWLEDGMENTS 

TAKEN OUTSIDE THE STATE. 

Acknowledgments if made in this commonwealth shall 

be made before a justice of the peace or notary public, if 

in any other portion of the United Stat-es, before a justice 

of the peace, or notary public, or magistrate, or commis- 



49^ INSTRUCTION IN REAL ESTATE 

sioner appointed for the purpose by the governor of this 
commonwealth ; and if in a foreign country before such a 
justice, notary, magistrate or commissioner, or before a 
minister or consul of the United States or consular officer, 
and the officer before whom such acknowledgment is made 
shall endorse a certificate of such acknowledgment on the deed 
or annex the same thereto. There must be attached or sub- 
joined to the certificate or proof of acknowledgment signed by 
such officer, a certificate of the secretary of state of the 
state or territory in which such officer resides or the cer- 
tificate of the clerk of a court of record of such state, ter- 
ritory or district in the county in which such officer resides 
or took such proof of acknowledgment under the seal of 
such court stating that such officer was at the time of tak- 
ing such acknowledgment duly authorized to take acknowl- 
edgment in said state, territory, or district and that said 
secretary of state or clerk of court is well acquainted with 
the handwriting of said officer and that he verily believes 
that the signature affixed to said certificate of proof of 
acknowledgment is genuine. 

MICHIGAN. 

STATUTE LAW RELATING TO DEEDS. 
Deeds shall be executed within this state in the pres- 
ence of two subscribing witnesses. Wives may convey 
property without having husbands join in the conveyance. 
Seals are not necessary, but scroll may answer for a seal. 
Defects in statutory requisites in matter of sealing, signing 
or attestation shall not invalidate a deed when the same 
is made in good faith and for valuable consideration, and 
deeds when not otherwise effectual shall operate as an 
agreement for a conveyance of property and may be en- 
forced in equity. Deeds made in another state or territory 
or foreign country and executed, shall be sufficient to 
pass real estate in this state. 



AND FTRE INSURANCl'!. 497 

STATUTE LAW RELATING TO MARRIED 
WOMEN. 
A married woman has the same right and power con- 
cerning her own property as if single and may contract, 
sue and be sued. Unless she joins her husband in convey- 
ance of his real estate she will have dower right therein 
should he die first. 

WARRANTY DEED. 

This indenture made the day of , in the 

year of our Lord one thousand and nine hundred and 

, between J. ]., of the city of , in the state of 

, and Mary, his wife, parties of the first part, and 

W. B., of , and state aforesaid, of the second part; 

witnesseth, that the said parties of the first part, for and 

in consideration of the sum of dollars, lawful money 

of the United States of America, to them in hand paid by 
the said party of the second part, at and before the enseal- 
ing and delivery thereof, the receipt thereof they do 
hereby confess and acknowledge, do., by these presents, 
grant, bargain, sell, remise, release, alien and confirm unto 

the said part. . of the second part, and heirs and 

assigns, forever, all certain piece., or parcel., of 

land, situate and being in the of , county of 

and state of Michigan and described as fol- 
lows, to wit: Together with all and singular, the 

hereditaments and appurtenances thereunto belonging or 
in anywise appertaining ; to have and to hold the said 

premises, as described, with the appurtenances unto 

the said part. . of the second part, and to heirs and 

assigns forever. And the said ...... part., of the first 

part, , heirs, executors and administrators, 

do. . covenant, grant, bargain and agree, to and with the 

said part. . of the second part, heirs and assigns, 

that at the time of the ensealing and delivery of these pres- 
ents, well seized of the above granted premises in 

fee simple ; that they are free from all incumbrances what- 



498 INSTRUCTION IN REAL ESTATE 

ever ; and that will, and heirs, execu- 
tors, administrators shall warrant and de- 
fend the same against all lawful claims whatsoever 

In witness whereof, the said parties of the first part 
have hereunto set their hands and seals, the day and year 
first above written. J. J. (seal.) 

Mary J. (seal.) 
Signed, sealed and delivered in the presence of 
E. A. 
R. M. 

State of Michigan, County of , ss : 

On this day of , 19. ., before me personally 

appeared J. J. (and M. J., his wife), known to be the per- 
son described in and who executed the foregoing instru- 
ment, and acknowledged that executed the same as 

free act and deed. 

(Name and official character.) 



MORTGAGE FORM. 

This indenture Avitnesseth that A. B., of , party 

of the first part, (if the mortgage is that of a married man 
and the wife joins, as is commonly the case, to extinguish 
her dower or other rights, insert ''and Mary B., his wife," 
and make other corresponding changes below. If the land 

mortgaged belongs to a married woman insert "and , 

her husband," and make other necessary changes below), 

in consideration of dollars to him paid by C. D., 

party of the second part, the receipt whereof is hereby 
acknowledged, does hereby give, grant, bargain, sell, re- 
lease, convey and confirm to the said C. D., his heirs (''suc- 
cessors" instead of "heirs" if mortgage is to a corporation) 
and assigns forever, the following described premises, 

situate in the of , county of and state 

(describe it so that it may be accurately identified) 

and all the right title and interest of the said A. B., either 
in law or equity, in and to the said premises; together 



AND FIRE INSURANCE. 499 

with all the appurtenances to the same belonging. To 
have and to hold the same unto the said C. D., his heirs 
and assigns forever, and the said A. B., for himself and 
his heirs, executors and administrators, hereby covenants 
with the said C. D., his heirs and assigns that he, the said 
A.B., is lawfully seized of the said premises, in fee simple, 
and has full right and power to convey the same, that the 
title and premises so conveyed are clear and unincum- 
bered; (if there are any exceptions to this state them). 
And further, that he Avill warrant and defend the same 
against all claim or claims of all persons whomsoever. 
Provided, nevertheless, that whereas, the said A. B., has 
executed and delivered unto the said C. D., a certain (bond, 
promissory note, or as the case may be) bearing even date 
herewith (then proceed to further describe it so that it 
may be identified with certainty, or if short, a copy of it 
may be here inserted, the fact being stated that it is a copy). 
Now if the said A. B., his heirs, executors, administra- 
tors or assigns shall pay said debt or sum of dol- 
lars and interest which shall accrue thereon to the said C. 
D., his heirs or assigns, according to the tenor thereof, 
then this mortgage shall be void. And in case of non- 
payment of any or all of said sum (or sums) of money 
above mentioned, or of the interest thereof or any part 
of said principal or interest, at the time, and as above 
limited and specified, for the payment thereof, then and 
in such case it shall and may be lawful for the said party 
of the second part, his heirs, executors, administrators or 
assigns, and the said party of the first part does hereby 
empower and authorize the said party of the second part, 
his heirs, executors, administrators or assigns to grant, 
bargain, sell release and convey the said premises, with the 
appurtenances, at public auction or vendue, and on such 
sale to make and execute to the purchaser or puchasers, 
his (her or their) heirs and assigns, forever, good, ample 
and sufficient deed or deeds of conveyance in law, pur- 
suant to the statvttg in such case made and provided, and 



500 ■ INSTRUCTION IN REAL ESTATE 

out of the proceeds of such sale to retain the principal and 
interest of all sums then due ; the costs and charges of such 
vendue and sale, and also the attorney fee hereinafter pro- 
vided — rendering the surplus money (if any there should 
be) to the said party of the first part, his heirs, executors, 
or administrators. 

And it is further expressly agreed, that as often as any 
proceedings is taken to foreclose this mortgage, either by 
virtue of the above power of sale, in chancery, or in any 
other manner provided by law, said first party shall pay 
second party dollars as a reasonable solicitor or at- 
torney fee therefor, in addition to all other legal costs. 

In witness whereof, the said A. B., has hereunto 

set his hand and seal this day of in the year 

of our Lord A. B. (seal.) 

Signed and acknowledged in presence of 
E. F. 
G. H. 
State of IMichigan, County of , ss : 

On this day of , 19. ., before me personally 

appeared A. B. (and C. B., his wife), known to be the per- 
son described in and Avho executed the foregoing instru- 
ment, and acknowledged that executed the same 

as free act and deed. 

(Name and official character.) 



STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 
May cover any kind of personal property and are good 
for one year. May then be renewed for a like term by fil- 
ing affidavit of renewal. Are not good as to third parties 
unless recorded. 

CHATTEL MORTGAGE. 

Know all men by these presents, that residing 

in , county of , strata of , party of the 



AND P\RK INSUkANCf:. ^Ot 

first part, being justly indebted to residing in 

party of the second part, in the sum of dollars, 

which is hereby confessed and acknowledged has, for the 
purpose of securing the payment of said debt, granted, 
bargained, sold and mortgaged, and by these presents does 
grant, bargain, sell and mortgage unto the said party of the 
second part, the mortgagee, all that certain personal prop- 
erty described as follows, to wit: (Describe it and state 
where it is and in whose possession), all of which property 
the party of the first part covenants is free and clear from 
all liens and encumbrances, (here mention Exemptions, if 
any) and the said party of the first part for himself, his 
heirs, executors and administrators, all and singular, the 
goods, chattels and personal property above bargained and 
sold, unto the said party of the second part, against him 
the said party of the first part, and against all and every 
other person or persons, whomsoever, shall and will war- 
rant and forever defend. 

To have and to hold, all and singular said goods and 
chattels unto the said party of the second part, the mort- 
gagee, forever; provided, always, and these presents are 
upon this express condition : That if the said party of the 
first part shall pay or cause to be paid unto the said party 

of the second part, his heirs or assigns, the sum of 

dollars, according to the conditions of two (or as the case 

may be) certain promissory notes, executed by 

payable to at viz. $ dated 

due with interest at per cent, per annum, 

until paid, or omitting all after ''promissory notes" and in- 
serting "of which the following are copies" and then insert 
copies, or if the indebtedness is not represented by pro- 
missory notes its character may be otherwise indicated.) 
Then these presents to be void and of no efifect. But if 

default is made in such payment, the said is 

hereby authorized to, and shall at public auction, after the 
notice as is required by law for constables' sales, sell the 
goods, chatties, and personal property hereinbefore men- 



502 JNSTUUCTTON m RfiAL ESTATE 

lioned, or so much thereof as may be necessary to satisfy 
the said debt, interest and reasonable expenses, and to 
retain the sum out of the proceeds of such sale, overplus 

or residue, if any, to belong and to be returned to 

And the said is hereby authorized at any time 

he shall deem himself insecured, or if the said party of the 
first part shall sell, assign or dispose of, or attempt to ,sell, 
assign or dispose of the whole or any part of the said 
goods and chattels or remove or attempt to remove the 

whole or any part thereof, from without the 

written assent of the party of the second part, then and 
from thenceforth it shall and may be lawful for the said 
party of the second part, his executors administrators or 
assigns, or his authorized agent, to enter upon the prem- 
ises of the said party of the first part, or any place or places 
where the said goods and chattels or any part thereof, may 
be, and take possession thereof, and the same retain in 
some convenient place, at the risk and expense of said 
first party until the said sum of money shall become due, 
as aforesaid, and then to dispose of the same in the man- 
ner above specified. 

In witness whereof the said party of the first part here- 
unto sets his hand and seal this day of 

A. D., 19.. 

(Seal.) 

Witness. 



STATUTE LAW RELATING TO BILLS OF SALE. 

Bill of sale of personalty is good between the parties 
thereto, but not as to third parties, such as creditors of the 
seller, if he retain possession, unless recorded and it then 
operates as a chattel mortgage. 

BILL OF SALE FORM. 

Know all men, by these presents, that I, A. B., of , 

in consideration of the sum of dollars to me in 



AND FIRE INSURANCE. 503 

liand paid by C. D., of the same place, at and before the 
ensealing" and delivering of these presents, the receipt 
whereof I do hereby acknowledge, (or if the consideration 
be different state it,) have bargained, sold, , released 
granted, and confirmed, and by these presents, do bargain, 
sell, release, grant, and confirm, unto the said C. D., all 
the following goods, household stuff, and implements of 
household, (or as the case may be) (here describe each 
article so it can be identified) now remaining and being 
(mention where they are) to have and to hold all and singular 
the said goods and chattels, etc., and every one of them, 
by these presents bargained, sold, released, granted, and 
confirmed, unto the said C. D., his heirs, executors, admin- 
istrators, and assigns, to his and their only proper use and 
behalf forever. 

Witness my hand and seal, this fourth day of , 

A. D., 19.. 

Signed, sealed and delivered in presence of 

A. R. A. B. (Seal.) 

E. G. 

STATUTE LAW RELATING TO LANDLORD AND 

TENANT. 

All estates at will or by sufferance requires three months 
notice to quit.Wlien rent is due in periods of less than three 
months a notice equal to the interval between the time of 
payments is sufficient. And in all cases of neglect or re- 
fusal to pay rent on a lease at will or otherwise, seven 
days' notice to quit, given in writing, is sufficient. In 
such case the payment of rent any time before being ousted 
allows tenant to remain. 

In cases of tenancy from year to year a notice given at 
any time is sufficient to terminate lease one year from 
giving notice. The landlord has only such remedies for 
collection of rental as in other cases of indebtedness. 

No lease for longer term than one year shall be valid 
unless in writing signed by the party to be charged. 



504 INSTRUCTION IN REAL ESTATE 

LEASE FORM. 

This indenture made and executed this day of 

A. D., 19 . . , between of , of the 

iirst part, and of , of the second part, 

witnesseth that in consideration of the rents and cove- 
nants hereinafter expressed, the said party of the first part 
has demised and leased, and does hereby demise and lease 

to the said party of the second part the following 

premises, viz. : (describe them) with the privileges and 

appurtenances, for and during a term of from 

the day of I9- ., which term will end 

And the said party of the second part cove- 
nants that he will pay to the party of the first part, for the 

use of said premises, the yearly rent of dollars 

($ ), to be paid monthly in advance in equal in- 
stallments, without demand therefor being made by the 
party of the first part. 

And provided, said party of the second part shall fail 
to pay said rent, or any part thereof, when it becomes due, 
it is agreed that said party of the first part may sue for the 
same, or re-enter said premises, or resort to any legal 
remedy. 

The party of the part agrees to pay all 

taxes to be assessed on said premises during said term . . 

The party of the second part covenants that at the ex- 
piration of said term he will surrender up said premises 
to the party of the first part in as good condition as now, 
necessary wear and damage by the elements excepted. 

Witness the hands and seals of the said parties the day 
and year first above written. 

A. B. (seal). 
C. D. (seal). 

Signed, scaled and delivered in presence of 
E. R, 
G. H. 

Note. Leases should be ukkIc in duplicate, one to each 
party. 



AND FIRE INSURANCE. 505 

EXEMPTION AND HOMESTEAD LAWS. - 
Homestead of forty acres if farm. If house and lot, 
homestead of a vahie not exceeding $1500. If worth more 
they may be sold and surplus used to pay debt after giving 
owner $1500. 

The following are exempt from execution : Sewing ma- 
chines, wearing apparel, spinning wheels, weaving looms, 
stoves in use, seat, pew or slip in church, cemeteries, 
tombs and rights of burial, arms and accoutrements re- 
quired by law, library and school books not exceeding 
$150 in value, to each householder ten -sheep and the yarn 
or cloth manufactured from same, five swine, two cows, 
provisions and fuel for family for six months, all house- 
hold goods, furniture and utensils not exceeding $250 in 
value, the tools, implements, materials, stock apparatus, 
team, vehicle, harness or other things to enable any per- 
son to carry on the trade, occupation or business in which 
he is principally engaged, not exceeding $250 in value, 
and sufficient hay, grain, feed or roots to keep the afore 
mentioned animals six months, and any chattel mortgage, 
bill of sale or other lien on such exempt property is void 
unless signed by the wife of the party, if he have any ; 
provided, that such property is not exempt if the execu- 
tion be for the purchase price of such property. Wages of 
labor cannot be attached or garnished unless the amount 
owing exceeds $25. 

STATUTE LAW RELATING TO FENCES. 

A land owner need not fence cattle out. Their owner 
must fence them in. Township overseers of highways are 
provided. If a township have but one overseer, then the 
highway commissioners shall be fence viewers to deter- 
mine disputes about the building and maintenance of line 
fences between the improved or enclosed lands of two 
owners. 

Fences along public highways made in whole or in part 
of wire without barbs are lawful fences subject to restric- 



506 INSTRUCTION IN REAL ESTATE 

ticfns imposed by municipal authority. Like fences are 
also legal as line fences. 

All fences four and one-half feet high and in good repair 
consisting of rails, timber, boards, or stone walls, or any 
combination thereof, and all brooks, rivers, ponds, creeks, 
ditches and hedges or other things which shall be consid- 
ered equivalent thereto in the judgment of the fence view- 
ers are legal fences. 

STATUTE LAW RELATING TO LIMITATION. 

Suites to recover. land must ordinarily be brought within 
fifteen years after the right accrued to the claimant or his 
predecessor in title ; within five years Avhere party claims 
title through deed made upon sale by executor, adminis- 
trator, guardian, sheriff or by other officer under decree of 
a court or legal tribunal ; and within ten years Avhere de- 
fendant claims title under deed made by officer of this state 
or officer of the United States authorized to make deeds 
upon sale of land for taxes. 

DECEDENT'S DEBTS. 

In case debts appear against the estate two commis- 
sioners on claims may be appointed. In case estate does 
not exceed $150 exclusive of personality and furniture 
allowed to widow, the estate shall be assigned for the 
support of widow and children. Creditors may present 
claims at any time with one year from the appointment of 
commissioners on claims. Non-compliance Avith published 
notices forever bars presentation of claims. Claims should 
be verified. 

Decedent's claims are to be paid as follows: i. Neces- 
sary funeral expenses. 2. Expenses of last sickness. 3. 
Debts having preference under United States laws. 4. 
Debts of other creditors. In case a person is absent for a 
period of three months from usual place of residence and 
his whereabouts be unknown, the probate court may on 
application of widow or next of kin, appoint a temporary 



AND FIRF, TNSlTRANrF.. 507 

administrator to look after the estate until the death or 
survival can be satisfactorily established. Special admin- 
istrator may be appointed in cases of urgent necessity. 

STATUTE LAW RELATING TO DESCENT AND 
DISTRIBUTION WHEN NO WILL IS LEFT. 
Real estate descends as follows : i. In equal shares to 
children, and to the issue of any deceased child, by right 
of representation. 2. If there be no child living, to all 
other lineal descendants equally, if they are in the same 
degree of kindred, and, if otherwise, according to the right 
of representation. 3. If the intestate shall leave a hus- 
band or widow, and no issue, one-half of the estate to the 
husband or widow, and remainder to father and mother 
equally if both are living, and, if not, to survivor. 4. If 
no issue, husband or widow to father and mother equally, 
if both are living, and, if not, to the survivor. 5. If no 
issue, father or mother, in equal shares to brothers and 
sisters, and children of deceased brothers and sisters, by 
right of representation, subject to provisions for husband 
or wife, if one survives. The provisions herein named for 
widow shall be in lieu of dower. 6. If no issue, husband, 
w^dow, father, mother, brother, sister, nor children of 
brother or sister, to next of kin in equal degree. If two or 
more collateral kindred in equal degree claim through 
dififerent ancestors, those claiming through the nearest 
shall be preferred. 7. If any person shall die, leaving 
several children, or leaving one child and the issue of one 
or more children, and such surviving child shall die under 
age, not having been married, all estate that came to the 
deceased child by inheritance from such deceased parent, 
which has not been lawfully disposed of, shall descend in 
equal shares to other children of the same parent, and to 
the issue of any such other children who shall have died, 
by right of representation. If, at the death of such child, 
who shall die under age and not having married, all the 
other children of his parent shall also be dead, and any of 



5oS INSTRUCTION IN REAL ESTATl^ 

them shall have left issue, the estate that came to said 
child by inheritance from his said parent, which has not 
been lawfully disposed of, shall descend to all the issue of 
such children of the same parent, and, if all the said issue 
are in the same degree of kindred to said child, they shall 
share equally ; otherwise, according to the right of repre- 
sentation. 8. If the intestate leave a husband or wife, and 
no issue nor other lineal descendants, nor father, mother, 
brother, sister, nor children of brothers or sisters, the 
estate shall descend to such husband or wife. 9. If the in- 
testate shall leave no wife nor children, husband nor kin- 
dred, the estate shall escheat to the people of this state, for 
the use of the primary school fund. 

Whenever any person, adopted by another, with intent 
to make such person heir-at-law of the adopter, shall die 
intestate, leaving no issue, any real estate possessed by 
such person at the time of his or her decease, which has 
come from or through the adopting parent, shall descend 
to the persons, in the same manner as though such person 
had been a natural child of the person or persons from or 
through whom such estate shall come. 

Personal property is distributed as follows : After allow- 
ing all articles of wearing apparel and ornaments of her- 
self and deceased to widow, and deceased's household 
furniture, not exceeding $250 in value, and other personal 
property which she may select, to amount of $200, one- 
third of the residue goes to the widow, and the remaining 
two-thirds to the children. If there is but one child, 
residue is equally divided between it and the widoAv. If 
there shall be no children, the widow takes all, if less than 
$1000, if more, then the same is equally divided between 
widow and father of deceased; if he is not living, then 
half goes to the mother, brothers and sisters of deceased, 
in equal shares ; if there be none of the above persons sur- 
viving, the widow takes the whole ; in other cases, it is 
distributed according to the rules of descent of real estate. 
The subsequent marriage of the parents, or written 



AND FIRE INSURANCE. . 509 

acknowledgment of the child by the father, which is ex- 
ecuted and acknowledged the same as deeds and recorded 
in the office of the judge of probate of the county of which 
the father is a resident, makes an illegitimate child legiti- 
mate for all purposes. 

If a feme covert dies intestate, her personal estate, after 
the payment of debts, funeral expenses and administration 
charges, is distributed one-third to her husband, and the 
balance to her children or their issue ; if there be but one 
child, the husband and child shall share equally ; if there 
be no child, nor issue of any, the husband takes half and 
her father one-half, if he be not living, such half goes to 
her mother, brothers and sisters, or to the issue of any 
such, equally, if there be no father, mother, brother or 
sister, or issue of any, the husband takes the whole. If 
the testator of personal estate leaves a wife, she may take 
under his will, or, at her option, what she may take under 
the statute of distribution, until the same amounts to 
$5000, and, of the residue of estate, one-half of what she 
would have received under the said statute. 

DISTRIBUTION OF PROPERTY BY WILL. 
Any person twenty-one years of age or upwards may 
make a will which must be in writing and signed by the 
party making same, and subscribed by two or more wit- 
nesses. Olographic or holographic wills do not require 
witnesses. Testator may sign his name or by cross or any 
symbol indicative of signature. Nuncupative wills are not 
admitted to probate except in cases of soldiers or mariners 
at sea, and they must be established by competent evidence. 
In case a person is taken sick away from home and has no 
opportunity to make a will a nuncupative will may be 
established in case property not exceeding $ioo in value 
is conveyed. Such wills must be proven by two witnesses 
who testify that testator called some person to take notice 
that such was his will. Real estate cannot, however, be 
devised by a nuncupative will. Widow may choose to 



5IO INSTRUCTION IN REAL ESTATE 

take under the will or under statute. Husband may do 
the same. A single woman marrying after making a will 
thereby revokes the same. Real estate acquired after 
making will passes as general devise. If devise to child 
or lineal descendant and devisee dies, his or her heirs take 
his share. Testator may make will at any time before 
death. 

NOTARY PUBLIC. 
Applicant must be a citizen of the State, 21 years of age 
and resident of the county to which appointment is made. 
Application should be made to the Secretary of State who 
will notify when to appear and take oath of office. Women 
are eligible. Fee $1. Term of office four years. Ap- 
pointment by the Governor. Bond of $1000 is required. 
Fees — administering oath to soldiers and sailors for pen- 
sion 15 cents; to others and for taking acknowledgments 
25 cents ; protesting 50 cents ; notice of protest 25 cents ; 
no fee for administering oath to legislators, military or 
township officers. 

LAW CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 
Acknowledgments may be taken in another state or ter- 
ritory before a person authorized to take acknowledgments 
of deeds by the laws of such state or territory or before 
any commissioner appointed by the governor of this state 
for such purpose. The person taking such acknowledg- 
ment must attach thereto his seal. If he has no seal a 
certificate from the certifying officer of a court of record 
of the county or the secretary of the state must be attached 
showing that he holds the proper office. Acknowledg- 
ments may be taken in foreign countries by ''a notary 
public therein, a minister plenipotentiary, minister extra- 
ordinary, minister resident, charge d'affairs, commissioner 
or consul of the United States appointed to reside there- 
in," which must be certified by the officer taking the same. 
If a notary public his seal must be affixed. 



AND FIRE INSURANCE. 5II 

MINNESOTA. 

STATUTE LAW RELATING TO DEEDS. 

Deeds must be recorded at once as against a bona fide 
purchaser, unless grantee goes into possession. Two, wit- 
nesses and acknowledgment are necessary to entitle to 
record. 

STATUTE LAW RELATING TO MARRIED 
WOMEN. 

No married woman shall be liable for any debts of her 
husband, nor shall any married man be liable for any debts 
or contracts of his wife entered into either before or during 
marriage, except for necessaries furnished to the wife after 
marriage, where he would be liable at common law. Pro- 
vided, that where husband and wife are living together 
they shall be jointly and severally liable for all necessary 
household articles and supplies furnished to and by the 
family. 

A married woman has the same right and power con- 
cerning property and to contract, sue and be sued, as if 
unmarried, but a mortgage or conveyance of her realty is 
void unless her husband join therein; she can be legally 
bound as surety, guarantor or accommodation endorser, 
but neither may sue the other except for divorce or to 
protect their separate property when he or she, for one 
year, has deserted and separated himself or herself from 
him or her without sufficient cause, or entitled to divorce 
of, or when the other has been incurably insane for ten 
years immediately prior to bringing the action. If a hus- 
band or wife do not join in a deed of the other's realty the 
survivor is entitled to an undivided one-third thereof by 
such terms as the deceased was seized during coverture. 

If husband is sentenced to imprisonment for life wife is 
entitled to immediate possession of her realty in like man- 



512 INSTRUCTION IN REAL KSTATE 

ner as if her liusbaiid was dead, and likewise upon divorce 
from bed and board. 

WARRANTY DEED. 

This indenture made the day of , in the 

year of our Lord one thousand nine hundred and , 

between J. J., of the city of , in the state of 

and Mary, his wife, parties of the first part, and W. B., of 
»...»..., and state aforesaid, of the second part; wit- 
nesseth, that the said parties of the first part, for and in 

consideration of the sum of dollars, lawful money 

of the United States of America, to them in hand paid by. 
the said party of the second part, at and before the enseal- 
ing and delivery thereof, the receipt whereof they do 
hereby confess and acknowledge, do hereby grant, bar- 
gain, sell and convey unto the said part. . of the second 

part heirs and assigns, forever, all tract 

or parcel of land lying and being in the country of 

and state of Minnesota, described as follows, to wit : 

To have and to hold the same, together with all the 
hereditaments and appurtenances thereunto belonging or 
in anywise appertaining, to the said part., of the second 

part heirs and assigns, forever ; and the said 

part. . of the first part, for heirs, executors and 

administrators, do covenant with the said part . . of the 

second part, heirs and assigns, that well 

seized in fee of the lands and premises aforesaid, and ha. . 
good rights to sell and convey the same in manner and 
form aforesaid ; and that the same are free from all incum- 
brances : and the above bargained and granted 

lands and premises, in the quiet and peaceable possession 

of the said part. . of the second part, heirs and 

assigns, against all persons lawfully claiming or to claim 
the whole or any part thereof, the said part., of the first 
part will warrant and defend. 

In witness whereof, the said parties of the first part 



AND FIRE INSURANCE. 513 

have hereunto set their hands and seals, the day and year 
above written. 

MARY J. (seal.) 
J. J. (seal.) 

Signed, sealed and delivered in the presence of 
E. A. 
R. M. 

State of Minnesota, County of ss. 

On this day of A. D., 19. ., before me 

personally appeared J. J. and M. J., his wife, to me known, 
to be the persons described in, and who executed the fore- 
going instrument, and acknowledged that they executed 
the same as their free act and deed. 

Notary Public. 

(Or as the case may be) 

County, Minnesota. 

ACKNOWLEDGMENT FOR SINGLE PERSON. 

State of Minnesota, County of ss. 

On this day of A. D., 19. ., before me 

personally appeared A. B., a widower, (or widow or 
divorced, or unmarried), to me known to be the person 
described in, and who executed the foregoing instrument, 
and acknowledged that he (she) executed the same as 
his (her) free act and deed. 

Notary Public. 

(Or as the case may be) 

County, Minnesota. 

MORTGAGE FORM. 

This indenture witnesseth that A. B., of party 

of the first part, (if the mortgage is that of a married man 
and the wife joins, as is commonly the case, to extinguish 
her dower or other rights, insert "and Mary B., his wife," 
and make other corresponding changes below. If the land 

mortgaged belongs to a married woman insert ''and 

her husband," and make other necessary changes beloW,) 



514 INSTRUCTION IN REAL ESTATE 

in consideration of dollars to him paid by C. D., 

party of the second part, the receipt whereof is hereby 
acknowledged, does hereby give, grant, bargain, sell, re- 
lease, convey and confirm to the said C. D., his heirs 
(''successors" instead of "heirs" if mortgage is to a corpor- 
ation) and assigns forever, the following described prem- 
ises, situate in the of county of 

and state of , (describe it so that it may be accu- 
rately identified) and all the right, title and interest of the 
said A. B. either in law or equity, in and to the said 
premises; together with all the appurtenances to the same 
belonging. To have and to hold the same unto the said 
C. D., his heirs, (''successors" instead of "heirs" if a mort- 
gage is to a corporation) and assigns forever, and the said 
A. B., for himself and his heirs, executors and administra- 
tors, hereby covenants with the said C. D., his heirs and 
assigns that he, the said A. B., is lawfully seized of the 
said premises, in fee simple, and has full right and power 
to convey the same, that the title and premises so conveyed 
are clear and unincumbered; (if there are any exceptions 
to this state them). And further, that he will warrant and 
defend the same against all claim or claims of all persons 
whomsoever. Provided, nevertheless, that whereas, the 
said A. B., has executed and delivered unto the said C. D., 
a certain (bond, promissory note, or as the case may be) 
bearing even date herewith (then proceed to further 
describe it so that it may be identified with certainty, 
or, if short, a copy of it may be here inserted, the fact be- 
ing stated that it is a copy). 

Now if the said A. B., his heirs, executors, administra- 
tors or assigns shall pay said debt or sum of 

dollars and interest which shall accrue thereon to the said 
C. D., his heirs or assigns, according to the tenor thereof, 
then this mortgage shall be void. But if default shall be 
made in the payment of said sum of money or the interest 
or any part thereof, at the time hereinbefore specified for 
the payment thereof, the said party of the first part in 



AND FIRE INSURANCE. 515 

such case do. . hereby authorize and empower the said 
party of the second part heirs, executors, admin- 
istrators or assigns, to sell the hereby granted premises at 
public auction and convey the same to the purchaser in 
fee simple agreeably to the statutes in such case made and 
provided, and out of the money arising from such sale to 
retain the principal and interest which shall then be due 

on the said together Avith all costs and charges, 

including dollars attorney's fee and pay the over- 
plus, if any, to the said party of the first part, 

heirs, executors, administrators or assigns. 

In witness whereof, the said A. B., has hereunto 

set his hand and seal this day of in the year 

of our Lord A. B. (seal.) 

Signed and acknowledged in presence of 
E. R 
G. H. 

SINGLE PERSON. 

State of Minnesota, County of , ss : 

On this day of , A. D., 19.., before me, 

personally appeared A. B., a widower (or widow or di- 
vorced, or unmarried), to me known to be the person de- 
scribed in, and who executed the foregoing instrument, 
and acknowledged that he (she) executed the same as his 
(her) free act and deed. 

, Notary Public. 

(Or as the case may be.) 

County, Minnesota. 

MARRIED PERSONS. 

State of Minnesota, County of , ss : 

On this day of , A. D., 19. ., before me 

personally appeared A. B. and C. B., his wife (or her hus- 
band) to me known, etc. 

(Name and official character.) 



5l6 INSTRUCTION IN REAL ESTATE 

STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 

Every mortgage of personal property is absolutely void 
as against creditors of the mortgagor and subsequent pur- 
chasers and incumbrances of the property in good faith, 
unless it appears that such mortgage was executed in good 
faith and not for the purpose of hindering, delaying or de- 
frauding any creditor of the mortgagor, and unless, in 
addition thereto, the giving of such mortgage is accom- 
panied by an immediate delivery and followed by an actual 
and continual change of possession of the things mort- 
gaged, or in lieu of such delivery and change of possession, 
the mortgage is filed as provided by law. The mortgage 
must also be witnessed and acknowledged before its record 
will be notice to third innocent parties. But a mortgage 
made in good faith is always good as between the parties 
although the property is not delivered, nor the mortgage 
filed. Only mortgages of personal property capable of 
manual delivery need be filed. No mortgage, pledge or 
other incumbrance of personal property Avhich may be 
held exempt from execution under any of the provisions 
contained in the first (ist), second (2d), fifth (5th), or 
ninth (9th), subdivisions of the exemption law given or 
made by a married man or woman, shall be of any validity 
whatever as to such exempt property unless they be by 
written instrument executed and acknowledged, and unless 
the husband and Avife, if both are living, concur in, and 
sign and acknowledge the same joint instrument. 

Any provision in a mortgage on crops to be thereafter 
planted and grown which provision shall, by its terms, 
mortgage or convey any crop to be grown later than dur- 
ing the season commencing on the first day of May 
next subsequent to the date of the mortgage shall be given 
to secure a part or all of the purchase price or rent of lands 
upon wdiich such crop is to be grown ; but such provision 
shall in no way afifect the validity of any stipulation or 
provision in such mortgage. 



AND Fine: iNstjRANcr-:. 517 

CHATTEL MORTGAGE. 

Know all men by these presents, that residing 

in , county of , state of , party of the 

first part, being justly indebted to , residing in 

, party of the second part, in the sum of dol- 
lars, which is hereb}^ confessed and acknowledged, has, 
for the purpose of securing the payment of said debt, 
granted, bargained, sold and mortgaged, and by these pres- 
ents does grant, bargain, sell and mortgage unto the said 
party of the second part, his heirs, executors, administra- 
tors and assigns, all that certain personal property de- 
scribed as follows, to wit: (Describe it and state where it 
is and in whose possession), all of which property the 
party of the first part covenants is free and clear from all 
liens and encumbrances, (here mention Exemptions, if 
any) and the said party of the first part for himself, his 
heirs, executors, and adminstrators, all and singular, the 
goods, chattels and personal property above bargained 
and sold, unto the said party of the second part, his exec- 
utors, adminstrators and assigns, against him, the said 
party of the first part, and against all and ever}^ other per- 
son or persons, whomsoever, shall and will warrant and 
forever defend. 

To have and to hold, all and singular said goods, and 
chattels, unto the said party of the second part his heirs, 
executors, administrators and assigns, forever; provided, 
always, and these presents are upon this express condition : 
That if the said party of the first part shall pay or cause 
to be paid unto the said party of the second part, his heirs 

or assigns, the sum of dollars, according to the 

conditions of tw^o (or as the case may be) certain promis- 
sory notes, executed by , payable to at 

viz., $ dated due with interest at .... 

per cent, per annum, until paid (or omitting all after 
"promissory notes" and inserting ''of which the following 
are copies" and then insert copies, or if the indebtedness 
is not represented by promissory notes, its character may 



5l8 INSTRUCTION IN REAL ESTATE 

be otherwise indicated). Then these presents to be void 
and of no effect. And as long as the conditions of this 
mortgage are fulfilled, the said party of the first part is to 
remain in peaceful possession of said property, and in 
consideration thereof agrees to keep said property in as 
good condition as it now is, at the cost and expense of said 
first party. 

In witness whereof, the said party of the first part has 

hereunto set his hand and seal, this day of , 

A. D., 19. . (seal.) 

Signed and delivered in the presence of 



••• , 19.. 

Then personally appeared the above named , and 

acknowledged the foregoing instrument to be free 

act and deed, and that it was not made to defraud or 
hinder creditors. 

STATUTE LAW RELATING TO BILLS OF SALE. 
Bill of sale of personal property is good between the 
parties thereto although the vendor retains possession of 
the property, but it is not good as against third parties 
unless the same is filed with the town clerk, village re- 
corder or city clerk. But such filing shall cease to be no- 
.tice after one year from the time the purchase money 
becomes due or the last installment of same. 

BILL OF SALE FORM. 

Know all men by these presents, that I, A. B., of 

in consideration of the sum of dollars to me in hand 

paid by C. D., of the same place, at and before the enseal- 
ing and delivering of these presents, the receipt whereof 
I do hereby acknowledge, (or if the consideration be dif- 
ferent state it), have bargained, sold, released, granted, 
and confirmed, and by these presents, do bargain, sell, re- 
lease, grant, and confirm, unto the said C. D., all the fol- 
lowing goods, household stuff, and implements of house- 



AND FIRE INSURANCE. 519 

hold, (or as the case may be) (here describe each article 
so it can be identified) now remaining and being (mention 
where they are) to have and to hold all and singular the 
said goods and chattels, etc., and every one of them, by 
these presents bargained, sold, released, granted, and con- 
firmed, unto the said C. D., his heirs, executors, adminis- 
trators, and assigns, to his and their only proper use and 
behalf forever. 

Witness my hand and seal, this fourth day of , 

A. D., 19.. A. B. (seal.) 

Signed, sealed and delivered in presence of 
E. G. 
A. R. 

STATUTE LAW RELATING TO LANDLORD 
AND TENANT. 

Every contract for the leasing for a longer period than 
one year, shall be void unless the contract, or some note 
or memorandum thereof, expressing the consideration, is 
in writing, and subscribed by the party by whom the lease 
is made. The remedy by distress for rent is abolished in 
this state. 

When, in case of a lease of property, and the failure of 
the tenant to pay rent, the landlord has a subsisting right 
to re-enter for such failure, he may bring an action to 
recover possession of the property, and such action is 
equivalent to a demand of the rent, and a re-entry upon 
the property ; but, if at any time before the expiration of 
six months after possession obtained by the plaintiff on 
recovery in the action, the lessee, or his successor in inter- 
est as to the whole or part of the property, pays to the 
plaintiff, or brings into court, the amount of rent then in 
arrears, with interest he may be restored to the possession, 
and hold the property according to the terms of the original 
lease. 

Estates at will may be determined by either party, by 
three months' notice in writing for that purpose, given to 



520 INSTRUCTION IN REAL ESTATE 

the Other party; and when the rent reserved is payable at 
periods of less than three months, the time of such notice 
shall be sufficient, if it is equal to the interval between the 
time of payment, and in all cases of neglect or refusal to 
pay rent due on a lease at will, fourteen days' notice to 
quit, given in writing by the landlord to the tenant, is suf- 
ficient to determine the lease. 

FORM OF NOTICE TO QUIT. 

To , 

, Minn. 

Take notice, that I hereby demand from you the pay- 
ment to me of the sum of $ , for rent of , now 

occupied by you under a lease from me ; or, if said rent 
is not paid within days, I demand of you the pos- 
session of said premises on or before the day of 

I9-- 

Dated at , this day of , 19. . 

LEASE FORM. 

This indenture made and executed this day of 

, A. D., 19. ., between of , of the first 

part, and of , of the second part, witnesseth 

that in consideration of the rents and covenants herein- 
after expressed, the said party of the first part has demised 
and leased, and does hereby -demise and lease to the said 

party of the second part , the following premises, 

viz. : (describe them) with the privileges and appurten- 
ances, for and during a term of from the day 

of 19. ., which term will end And the said 

party of the second part covenants that he will pay to the 
party of the first part, for the use of said premises, the 

yearly rent of dollars ($ ), to be paid monthly 

in advance in equal installments, without demand therefor 
being made by the party of the first part. 

And provided, said party of the second part shall fail to 
pay said rent, or any part thereof, when it becomes due, 



AND FIRE INSURANCE. 521 

it is agreed that said party of the first part may sue for the 
same, or re-enter said premises, or resort to any legal 
remedy. 

The party of the part agrees to pay all 

taxes to be assessed on said premises during said term .... 

The party of the second part covenants that at the expi- 
ration of said term he will surrender up said premises to 
the party of the first part in as good condition as now, nec- 
essary wear and damage by the elements excepted. 

Witness the hand and seals of the said parties the day 
and year first above written. A. B. (seal.) 

C. D. (seal.) 

Signed, sealed and delivered in presence of 
E. F. 
G. H. 

Note. Leases should be made in duplicate, one for each 
party. 

EXEMPTION AND HOMESTEAD LAWS. 
The folloAving property is exempt from attachment, 
sale upon execution or any other process issued out of the 
courts of this state : 

A homestead, consisting of any quantity of land not 
exceeding eighty acres, and the dwelling-house thereon 
and its appurtenances, to be selected by the owner thereof. 
This does not include property in a village or city. In a 
city of 5,000 or over, one lot, in a village, a tract not to 
exceed one-half acre. 

Personal property exempt from execution : 

1. The family Bible. 

2. Family pictures, school books or library, and musi- 
cal instruments, for the use of the family. 

3. A seat or pew in any house or place of public wor- 
ship. 

4. A lot in any burial ground. 

5. All wearing apparel of the debtor and his family ; 
all beds, bedsteads and bedding, kept and used by the 



522 INSTRUCTION IN REAL ESTATE 

debtor and his family; all cooking utensils; and all other 
household furniture not herein enumerated, not exceeding 
$500 in value ; also all moneys arising from insurance of 
any property exempted from sale on execution, when such 
property has been destroyed by fire. 

6. Three cows, ten swine, one yoke of oxen and a horse, 
or, in lieu of one yoke of oxen and a horse, a span of horses 
or mules, twenty sheep, and the wool from the same, either 
in the raw material or manufactured into yarn or cloth ; 
the necessary food for all the stock mentioned in this sec- 
tion for one year's support, either provided or growing, 
or both, as the debtor may choose ; also one wagon; cart 
or dray, one sleigh, two plows, one drag, and other farm- 
ing utensils, including tackle for teams not exceeding $300 
in value. 

7. The provisions for the debtor and his family nec- 
essary for one year's support, either provided or growing, 
or both, and fuel necessary for one year. 

8. On watch, the tools and instruments of any mechanic, 
miner, or other person, used and kept for the purpose of 
carrying on his trade, and in addition thereto, stock in 
trade, including goods manufactured in whole or part by 
him, not exceding $400 in value ; the library and imple- 
ments of any professional man, all of which articles herein 
before intended to be exempt, shall be chosen by the 
debtor, his agent, clerk or legal representative, as the case 
may be. In addition to articles enumerated in this section, 
all the presses, stones, type, cases, and other tools and 
implements used by any copartnership, or by any printer, 
publisher, or editor of any newspaper, and in the printing 
and publishing of the same, whether used personally or 
by said co-partnership, or by any such printer, publisher 
or editor, or by any person hired by him to use them, not 
to exceed in value the sum of $2,000, together Avith stock 
in trade not exceeding $400 in value, shall be exempt from 
attachment or sale on any final process, issued from any 
court in this state. 



AND FIRE INSURANCE. 523 

9. One sewing machine, one bicycle, and one type- 
writing machine. 

10. Necessary seed grain for the actual personal use 
of the debtor for one season, to be selected by him ; not, 
however, in any case to exceed the following kinds and 
amounts respectively, viz. : lOO bushels of wdieat, 50 bushels 
of oats, 100 bushels of potatoes, 10 bushels of corn and 
100 bushels of barley, and binding material sufficient for 
use in harvesting the crop raised from the seed above 
specified. 

11. The wages of any person or the wages of the minor 
children of any person in any sum not exceeding $25 due 
for any services rendered by any such person or by the 
minor children of any such person or any other person 
during thirty days preceding the issue of any process of 
attachment, garnishment or execution, in any action 
against such person or persons, shall be exempt from such 
process. 

12. The library, philosophical and chemical or other 
•apparatus used in instruction, belonging to and in use in 
any university, college, seminary of learning or school for 
the instruction of the youth in this state, indiscriminately 
open to the public. 

All moneys derived or received by any surviving wife 
or child from any form of life insurance upon the life of 
any deceased husband or father not exceeding ten thou- 
sand dollars. 

The property hereinbefore mentioned is not exempt from 
any attachnient issued in any action for the purchase 
money for the same property, or for an execution issued 
upon any judgment rendered therein. 

STATUTE LAW RELATING TO FENCES. 

All fences four and one-half feet high and in good repair, 

consisting of rails, timber, boards or stone walls, or any 

combination thereof, and all brooks, rivers, ponds, creeks, 

ditches, and hedges, or other things which shall be equiva- 



5^4 iNSTkttCTiON IN REAL ESTATE 

lent thereto, in the judgment of the fence viewers within 
whose jurisdiction the same may be, or any such fences 
as the parties interested may agree upon, shall be deemed 
legal and sufficient fences. 

A barbed wire fence, consisting of two barbed wires and 
one smooth wire with at least 40 barbs to the rod, the 
wire to be firmly fastened to posts not more than two rods 
apart, with one stay betw^een the posts, the top wire to be 
not more that 52 inches high or less than 48, and the bot- 
tom wire not less than 16 inches from the ground; or four 
smooth wires with posts not more than two rods apart, 
and with good stays not to exceed eight feet apart, the 
top wire to be not more than 56 inches high, nor less than 
48, and the bottom wire not less than 16 inches nor more 
than 20 inches from the ground, are legal fences ; provided, 
that five smooth w4res shall be required to constitute a 
legal partition fence. . 

The respective occupants of lands inclosed with fences 
shall keep up and maintain partition fences between their 
own and the next adjoining inclosures, in equal shares, so 
long as both parties continue to improve the same. 

STATUTE LAWS RELATING TO LIMITATION. 

Actions to recover lands must be brought within fifteen 
years after the right of action accrued in the claimant or 
his predecessors in title. 

Every action to foreclose a mortgage must be brought 
within fifteen years. 

All of the following actions must be brought within six 
years, to wit : An action upon a contract or other obliga- 
tion, express or implied, excepting those above mentioned ; 
an action upon a liability created by statute, other than 
those above mentioned ; an action upon a liability created 
by statute, other than those upon a penalty or forfeiture, 
an action for trespass upon real property ; an action for 
taking, detaining and injuring personal property, including 
actions for the specific recovery thereof; an action for 



AND FIRE INSURANCE. 525 

criminal conversation, or for any other injury to the per- 
son or rights of another, not arising on obligation, and not 
hereinafter enumerated ; an action for relief, on the ground 
of fraud ; the cause of action in such case not to be deemed 
to have accrued until the discovery by the aggrieved party 
of the facts constituting the fraud ; an action to enforce a 
trust or compel an accounting, when the trustee has neg- 
lected to discharge his trust, or has repudiated the trust 
relation, or has not fully performed the same. 

DECEDENT'S DEBTS. 

Order of preference: i. Funeral expenses. 2. Ex- 
penses of last sickness. 3. Debts having preference by 
the laws of the United States. 4. Taxes. 5. Debts duly 
proven to be due to other creditors ; provided, that no debt 
or claim for which the creditor holds a mortgage, pledge, 
or other security shall be so paid until the creditor shall 
have first exhausted his security or shall have released or 
surrendered tile same. As against real estate, however, 
liens such as judgments, mortgages and mechanic's or 
material men's liens take preference to any of the above. 
At least six months is allowed within which to file claims, 
from issuance of order limiting time to file same, after 
which claims shall be paid, if sufficient funds are on hand. 
All debts under No. 5 share pro rata ; in case of an appeal 
the court may order a distribution, sufficient funds to be 
held to pay like proportion on claim appealed from. In 
case personal property is not sufficient to pay debts, the 
court will order a sale of realty. Claims against estate 
outlaw unless administration is granted, the general stat- 
ute of limitations applying; creditor's remedy is right to 
ask for appointment of administrator after six months from 
death of decedent. No claim against a decedent shall be 
allowed unless presented within five years from death of 
decedent. 



526 INSTRUCTION IN REAL ESTATE 

STATUTE LAW RELATING TO DESCENT AND 
DISTRIBUTION WHEN NO WILL IS LEFT. 

The homestead of the deceased, as such homestead is or 
may be defined by the statute relating to homestead ex- 
emptions (see Exemption and Homestead Laws), shall 
descend, free from any testamentary devise or other dis- 
position to which the surviving husband or wife shall not 
have assented in writing, and free from all debts or claims 
upon the estate of the deceased, as follows: i. If there 
be no lawful issue of a deceased child living, to the surviv- 
ing husband or wife. 2. If there be a child or the issue 
of any deceased child living and a surviving husband or 
wife during the term of his or her natural life, remainder 
to the child or children and the issue of any deceased 
child by right of representation. 3. If there be no sur- 
viving husband or wife, to the child or children and the 
lawful issue of any deceased child by right of representa- 
tion. 4. If there be no surviving husband or wife and no 
children or the issue of any deceased child living, such 
homestead shall descend in like manner as other property 
of the deceased and subject in like manner to the debts 
and claims against the estate of the deceased. 

Such surviving husband or wife shall also be entitled to 
and shall hold in fee simple, or by such inferior tenure as 
the deceased was at any time during coverture seized or 
possessed thereof, one equal undivided one-third of all 
other lands of which the deceased was at any time during 
coverture seized or possessed, (except such lands as have 
been divested by execution sale, or sale under a decree of 
court of competent jurisdiction, or by deed of assignment 
for benefit of creditors, or by insolvency or bankruptcy 
proceedings, and subject to all judgment liens) free from 
any testamentary or other disposition thereof to which 
such survivor shall not have assented in writing, but sub- 
ject in its just proportion with the other real estate, to the 
payment of such debt of the deceased as are not paid from 



AND FIRE INSURANCE. ^2J 

the personal estate. The residue of said other lands, or, 
if there be no surviving husband or wife of such intestate, 
then the whole of said other lands shall descend subject to 
the debts of the intestate, in the manner following: 

1. In equal shares to his children, and to the lawful 
issue of any deceased child, by right of representation. 

2. If there be no child, and no lawful issue of any de- 
ceased child of the intestate living at his death, and the 
intestate leaves a surviving husband or wife, then the 
whole of his or her estate shall descend to such survivor. 

3. If the intestate leave no issue nor husband or wife 
his estate shall descend to his father. 

4. If the intestate leaves no issue nor husband nor 
w^ife nor father, his estate shall descend to his mother. 

5. If the intestate leaves no issue nor husband or wife, 
nor father or mother, his estate shall descend in equal 
shares to his brothers and sisters, and to the lawful issue 
of any deceased brother or sister, by right of representa- 
tion. 

6. If the intestate leaves no issue and no husband or 
wife, and no father, mother, brother or sister, his estate 
shall descend to his next of kin, in equal degree ; excepting 
that when there are two or more collateral kindred in 
equal degree, but claiming through different ancestors, 
those who claim through the nearest ancestor shall be pre- 
ferred to those claiming through an ancestor more remote. 

7. If any person leaving several children, or leaving 
any one child and the issue of one or more other children 
and any such surviving child dies under age, and not 
having been married, all the estate that came to the de- 
ceased child by inheritance from such deceased parent 
shall descend in equal share to the other children of the 
same parent, and to the issue of any such other children 
who have died, by right of representation. 

8. If at the death of such child who dies under age and 
not having been married, all the other children of his said 
parent are also dead, and any of them has left issue, the 



528 INSTRUCTION IN REAL ESTATE 

estate that came to said child by inheritance from his 
said parent shall descend to all the issue of other children 
of the same parent; and if all the said issue are in the 
same degree of kindred to said child they shall have the 
said estate equally, otherwise, they shall take according to 
the right of representation. 

9. If the intestate leaves no issue, nor husband or wife, 
or kindred, his estate shall escheat to the state. 

The degree of kindred shall .be computed according to 
the rules of the civil law; and kindred of the half blood 
shall inherit equally with those of the whole blood (being 
of the blood of the same ancestor). 

Posthumous children are considered as living at the 
death of their parents. 

The foregoing does not apply to illegitmates, but an 
illegitimate child takes and is known by the name of its 
mother, and it and its issue and mother and grandmother 
respectively take and inherit personalty and realty, and 
transmit the same according to the intestate laws, and 
illegitimates born of the same mother leaving neither 
mother nor issue take and inherit from each other. 

I. The widow shall be allow^ed all the wearing apparel 
of her deceased husband ; his household furniture, to be 
selected by her, not exceeding in value $500, other per- 
sonal property, to be selected by her, not exceeding in 
value $500, and such allowance shall be made as well when 
the widow receives the provisions made for her in the will 
of her husband, as when he dies intestate. 2. In case 
there is no widow, such allowance may be made to minor 
children, selection to be made by guardian. 3. Widow or 
children may have reasonable allowance out of personal es- 
tate for maintenance. 

DISTRIBUTION OF PROPERTY BY WILL. 
Every person of sound mind and full age may dispose 
of his or her real or personal estate by will in writing, 
which shall be signed at the end thereof by himself or by 



AND FIRE INSURANCE. 529 

some person in his presence by express direction. The 
will must be proved by the oaths or affirmations of two 
or more competent witnesses. One witness may do, if no 
contest, if court is satisfied. 

A devise of real estate to a person, without referring to 
his heirs or using words of inheritance or perpetuity passes 
all the estate of the testator therein, unless a contrary 
intent appear. The real estate acquired by a testator after 
making his will shall pass by a general devise, unless a 
contrary intention be manifest on the face of the will. If 
there be a devise or legacy in favor of a child or other lineal 
descendant, or where there is no lineal descendant, in favor 
of a brother or sister or 'the children of a deceased brother 
or sister, it shall not lapse or become void by reason of the 
devisee or legatee leaving issue surviving the testator, and 
in such case the issue will take the devise or legacy. If 
any person make a last will and testament, and afterwards 
marry or have a child or children not provided for in such 
will, and die, such widow^ or child shall share in his es- 
tate as if no will had been made whether such child be 
born before or after his death. If a single woman make 
a will and marry, it is thereby revoked. A husband may 
take Avhat is given him under a Avife's will, or he may take 
the same interest in her estate real and personal that 
would be allowed a widoAv under the intestate laws. 

No nuncupative or unwritten will bequeathing personal 
estate shall be valid unless made by a soldier while in 
actual service, or by a mariner Avhile at sea. Nuncupa- 
tive wills may be admitted to probate within six months 
from time testamentary words are spoken ; and petition 
must allege that the testamentary words or the substance 
thereof were reduced to writing Avithin thirty days after 
they are spoken. No such Avill shall be admitted to pro- 
bate except upon the evidence of at least two credible and 
disinterested witnesses. 

Wills duly proved and allow^ed in other states and ter- 
ritories can be admitted to probate. 



530 INSTRUCTION IN REAL ESTATE 

A will is deemed legally executed when executed with- 
out the state if executed according to the law of the place 
where executed. 

NOTARY PUBLIC. 
Applicant must be 21 and a citizen of the State. Appli- 
cation should be made to the Secretary of State who will 
notify when to appear and take oath of office. Appoint- 
ment is made by the Governor. Fee, $3. Term of office, 
seven years. Bond of $2000 is required. Fees — Protesting, 
25 cents ; notice of protest, 25 cents ; administering oath or 
taking acknowledgment, 25 cents. 

LAW CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 
Acknowledgments made out of the state, but within the 
United States of deed, mortgages, or any other instrument 
required by the laws of this state to be acknowledged in 
order to be entitled to record, may be taken by the judges 
of the supreme court of the United States, judges of the 
district court of the United States, the judge of any court 
of record in any state ; the clerks of the several courts 
above mentioned; and notaries public, justices of the 
peace, and commissioners appointed by the governor of 
this state for such purposes ; but no acknowledgments 
taken by any such officers shall be valid, unless taken 
within some place or territory for which he shall have 
been elected or appointed to such office, or to which the 
jurisdiction of the court to which he belongs shall extend. 
Such acknowledgment may be taken in a foreign country 
before any notary public therein, or before any minister 
plenipotentiary, minister extraordinary, minister resident, 
charge d'affairs, commissioner or consul of the United 
States, or any consular or diplomatic officer or their dep- 
uties and vice representatives, including deputy consuls 
general, vice general and deputy commercial agents, ap- 
pointed to reside therein. 



AND FIRE INSURANCE. 53I 

« 

MISSISSIPPI. 

STATUTE LAW RELATING TO DEEDS. 

A conveyance of land, or mortgage, or deed of trust, 
shall be good against a purchaser for valuable considera- 
tion without notice, or against a creditor only from the 
time it is filed for record in the chancery clerk's office. 
No seal, nor witness is necessary. Estates fee tail are 
prohibited. Before the deed, mortgage, etc., can be re- 
corded, it must be acknowledged or proved before an 
officer authorized to take such acknowledgment or proof. 

STATUTE LAW RELATING TO MARRIED 
WOMEN. 

All the common law disabilities of married women, and 
their effect on property are abrogated. 

Husband and wife may sue each other. If the husband 
appropriate the income from the property of his wife to 
his own use he is debtor to her therefor, but he shall not 
be accountable for such income, after one year from its 
receipt, and if she allow the husband to use her income for 
the support of the family he is not liable to account for it. 
Husband and wife can form no contract with each other 
that will give one a claim against the other for work and 
labor. 

The husband shall not rent the wife's estate, horses, 
mules, etc., and operate and carry the business on in his 
own name, unless it be by contract, signed, acknowledged 
and filed for record in chancery clerk's office. 

A transfer or conveyance of land, goods and chattels 
between husband and wife shall not be good against third 
persons, unless same is duly acknowledged and filed for 
record. - , 

Wife and husband must join in sale of homestead . 



532 INSTRUCTION IN REAL ESTATE 

WARRANTY DEED. 

Know all men by these presents : That in con- 
sideration of to paid by the 

receipt whereof is hereby acknowledged, do 

hereby give, grant, bargain, sell and convey to the said 

heirs and assigns forever, the following described 

premises, situate in the or county of 

and state of Mississippi, to wit: .... and all the right, title 

and interest of the said either in law or equity, in and 

to the said premises ; together with all the appurtenances 
to the same belonging, but subject to all legal highways. 

To have and to hold unto the said heirs and 

assigns forever. 

And the said for and heirs, 

executors and administrators, hereby covenant 

with the said heirs and assigns that the 

true and lawful owner of the said premises, and 

ha., full power to convey the same; and that the title so 

conveyed is clear and unincumbered ; and further, 

that will warrant and defend the same against all 

claim or claims of all persons whomsoever. 

In witness whereof, the said who hereby re- 
lease. . right and expectancy of dower in the said premises, 

ha. . hereunto set hand this 

day of in the year of our Lord, 



Signed and acknowledged in the presence of 



State of Mississippi, County of 

Personally appeared before me of the County 

of , said State, the within named who 

acknowledged that he signed and delivered the foregoing 
instrument on the day and'year therein nicnlioned as his 
own voluntary act and deed. 



AND FIRE INSttnANrE. 533 

Given tinder my hand, this day of 

A. D., 19.. 

• (Officers signature, and seal if he have one.) 
Note. When a married woman unites with her husband 
in the execution of au instrument, and acknowledges the 
same in the form above indicated, she should be described 
ill the acknoAvledgment as his wife ; but in all other respects 
and when she executes any iustrument affecting her separ- 
ate property, real or personal, her ackuowledgment shall 
be taken and certified as if she wxre unmarried ; and a 
separate examination of a married woman in respect to 
the execution of any instrument will not be required, nor 
shall a failure to describe her as the wife of the grantor 
affect the ackuowledgment. 

MORTGAGE FORM. 

State of Mississippi, County of 

In consideration of dollars, I grant, bargain, sell, 

couvey and warrant to , his heirs, and assigns 

forever, the land in county, IMississippi, described 

as: (here describe fully). 

In trust to secure the payment of two promissory notes 

(of dollars each, executed by me, on the 

day of , with interest at per cent., after 

date (or maturity) and payable to or order, on 

the day of ; and on the day of 

(or state whatever else the mortgage may be 

given to secure). 

Now if the said notes be paid and satisfied according to 
their tenor this deed is to be void, but otherwise it is to 
remain in full force and effect. 

Witness my signature, the day of 

A. D 



State of Mississippi, County of 



534 INSTRUCTION IN REAL ESTATE 

Personally appeared before me of the County 

of , said State, the within named who 

acknowledged that he signed and delivered the foregoing 
instrument on the day and year therein mentioned as his 
own voluntary act and deed. 

Given under my hand, this day of 

A. D., 19.. 

(Officers signature, and seal if he have one.) 

Note. When a married woman unites with her husband 
in the execution of an instrument, and acknowledges the 
same in the form above indicated, she should be described 
in the acknowledgment as his wife ; but in all other re- 
spects, and when she executes any instrument affecting her 
separate property, real or personal, her acknowledgment 
shall be taken and certified as if she were unmarried ; and 
a separate examination of a married woman in respect to 
the execution of any instrument will not be required, nor 
shall a failure to describe her as the wife of the grantor 
affect the acknowledgment. 

STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 

All chattel mortgages must be recorded. 

CHATTEL MORTGAGE. 

State of Mississippi, County of 

In consideration of dollars and the premises, I 

grant, bargain, sell, convey and warrant to , his 

heirs, and assigns forever, the personal property in 

county, Mississippi, described as follows: (here describe 
fully). 

In trust to secure the payment of two promissory notes 

(of dollars each, executed by me, on the 

day of , with interest at per cent., after 

date (or maturity) and payable to or order, on 

the day of ; and on the day of 



AND FIKE INSURANCE. 535 

(or state whatever else the mortgage may be 

given to secure). 

Now if the said notes be paid and satisfied according to 
their tenor, this deed is to be void, but otherwise it is to 
remain in full force and effect. 

Witness my signature, the day of , 

A. D., 



Signed and delivered in the presence of 



State of Mississippi, County of 

Personally appeared before me of the County 

of said State, the within named who 

acknowledged that he signed and delivered the foregoing 
instrument on the day and year therein mentioned as his 
own voluntary act and deed. 

Given under my hand, this day of 

A. D., 19.. 



BILL OF SALE. 

Know all, that I , of county, Missis- 
sippi, in consideration of (here state consideration) grant, 
bargain, sell, deliver, etc., (here describe prop- 
erty) to of said County and State. 

Witness my signature, the day of 

A. D., 19.. 



Note. (Bill of sale, to be binding as to third parties 
shall be recorded in the county in which the property is 
located, and if the party claiming title under the recorded 
instrument shall permit the property to be removed out of 
the county in which the writing is recorded and shall not 
w^ithin twelve months after such rehioval cause the writing 
to be duly certified in the county to which the property 
may be removed and to be delivered to the clerk of the 
chancery court to be recorded, the writing, so long as it 



53^ INSTRUCTION IN REAL ESTATE 

remains without being recorded or delivered for record in 
the last mentioned county, and for so much of the property 
as may have been removed, shall be void as to all pur- 
chasers for a valuable consideration vv^ithout notice and as 
to all creditors.) 

STATUTE LAW RELATING TO LANDLORD AND 

TENANT. , 

Every lessor of land shall have a lien on the agricultural 
products of the leased premises however and by whomso- 
ever produced to secure payments of the rents and moneys 
and supplies advanced to the tenant at a fair market value, 
and this lien shall be paramount to all other liens, claims, 
judgments, etc. 

Landlord shall have a lien for one year for the reason- 
able value of all live stock, farming implements, vehicles, 
tools of all kinds on the farm furnished to the tenant, 
all implements, tools, supplies furnished for rearing stock 
cr implements furnished for the cultivation of meadows 
for the same. All such liens shall be enforced as other 
liens. 

No goods or chattels lying or being in or upon any lands 
or tenements leased or rented for life, years or at will, 
shall at any time be liable for execution until all rents, sup- 
plies, liens, mortgages and deeds of trust shall be paid. If 
such are in the hands of third persons a writ of replevin 
may be issued to seize them. All leases should be re- 
corded. 

FORM OF NOTICE TO QUIT. 



Sir: Take notice that your tenancy of the house and lot 
(or other property) now occujMcd l)y you in this town (or 
wherever located) rented of me by the year (or 1)y the 
month, etc.) will be determined and ended on of 



AND FIRE INSURANCE. 537 

, 19. ., on which date I shall require of you pos- 
session of same. 



Note. — Tenants from year to year must have two 
months' notice; and by the month or week, one week's 
notice in writing. No notice is necessary if the term is to 
expire at a specified time. 

LEASE FORM. 

This indenture made and executed this day of 

A. D., 19.., between of , of 

the first part, and of , of the second part, 

witnesseth that in consideration of the rents and covenants 
hereinafter expressed, the said party of the first part has 
demised and leased, and does hereby demise and lease to 

the said party of the second part the following 

premises, viz. : (describe them) with the privileges and 

appurtenances, for and during a term of from the 

day of 19- •, which term will end 

And the said party of the second part covenants that he 
will pay to the party of the first part, for the use of said 

premises, the yearly rent of dollars ($ ), 

to be paid monthly in advance in equal installments, with- 
out demand therefor being made by the party of the first 
part. 

And provided, said party of the second part shall fail to 
pay said rent, or any part thereof, when it becomes due, it 
is agreed said party of the first part may sue for the 
same, or re-enter said premises, or resort to any legal 
remedy. 

The party of the part agrees to pay all 

taxes to be assessed on said premises during said term. . . . 

The party of the second part covenants that at the ex- 
piration of said term he will surrender up said premises to 
the party of the first part in as good condition as now, 
necessary wear and damage by the elements excepted. 



538 INSTRUCTION IN REAL ESTATE 

Witness the hands and seals of the said parties the day 
and year first above written. 

A. B. (seal). 
C. D. (seal). 

Signed, sealed and delivered in presence of , 

E. R, 
G. H. 

19- • 

Then personally appeared the above named 

and acknowledged the foregoing instrument to be 

free act and deed, before me. 



EXEMPTION AND HOMESTEAD LAWS. 

The following property shall be exempt from seizure 
under execution or attachment : Tools of mechanics, agri- 
cultural implements necessary for two male laborers, 
books of students, library to amount of $250 in value, 
accoutrements, arms of state militia, two work horses, one 
3^oke of oxen, two cows and calves, twenty head of hogs, 
twenty head of sheep or goats, all poultry, all colts under 
three years old, five hundred pounds of pork, bacon or 
other meats, one wagon, one buggy, sugar cane and mill 
sewing machine, all kitchen furniture, Avages of all laborers 
to amount of $200 per annum or $20 per month, all insur- 
ance on life or personal property. Lands to the amount 
of 160 acres if farm land, but if the land is in a city or 
town, to amount of $2500. Persons must be living on the 
homestead. Exemption of homestead in a county can be 
valued to amount of $2000. 

STATUTE LAW RELATINc; TO 1T^:NCES. 

A lawful fence is five feet high and made of planks, rails 
or stones. 



AND FIRE INSURANCE. 539 

STATUTE LAW RELATING TO LIMITATION. 

Suits of c(]uity after two years settled by chancery 
courts, cannot be reversed. All minors upon reaching the 
age of twenty-one years have tw^o years and ten months 
before debarred of their right to sue. All actions debarred 
in three years on open accounts except where a debtor 
acknowledges in writing that the debt is an honest one. 
Six years debars all actions on notes ; seven on judgments. 

DECEDENT'S DEBTS. 
Decedent's debts are payable first out of personalty, 
then out of realty, but the court may order the realty sold 
in preference to the personalty, if it w^ould be to the inter- 
est of legatees or distributees. Taxes are a lien on the 
property and must always be paid ; so also all other liens, 
mortgages, enrolled judgments, etc., may be enforced 
against the decedent's estate. After payment of all liens, 
the debts are paid in the following order: i. Expenses of 
last sickness, funeral expenses, and expenses of adminis- 
tration, including commission. 2. All other debts that 
have been probated and allowed within one year after 
publication. 

DISTRIBUTION OF PROPERTY BY WILL. 

Every person of sound mind 21 years of age may dispose 
by will in writing of all his or her estate, real or personal. 
The will must be signed by the testator or by some one 
for him in his presence and by his express direction. If 
not wholly written and subscribed by the testator himself, 
it must be signed by two or more creditable witnesses. If 
a testator have a child or children at the making and pub- 
lishing of his wnll, and then his death leave any child born 
after the making and publishing of said will, unprovided 
for but not disinherited by the will, such afterborn child 
or children receive the same portion of the estate as if the 
parent had died intestate. 

If there l^e a devise or legacy to a lineal descendant, it 



540 mSTRtJCTlON IN REAL ESTATE 

shall not lapse by reason of death of such lineal descendant 
during life of testator, provided the devisee or legatee leave 
any lineal descendant ; but it shall go to such descendants. 

A nuncupative will cannot be established unless it was 
made during the last sickness of testator at his habitation 
or where he had resided for ten days preceding his death, 
except where he had taken sick away from home and died 
before his return, nor where the value bequeathed exceeds 
$100, unless it be proved by two witnesses that the testator 
called upon some person present to bear witness that it was 
his last w^ill and testament or words to that effect. The 
alleged testamentary words cannot be proved after six 
months from the time when they were spoken, unless the 
words or their substance were reduced to writing within 
six days after being spoken. 

Where husband and wife have not satisfactory provision 
made for them in the will of the other, he or she may re- 
nounce the provision in the will within six months and take 
as if no will had been made. If no provision at all is made 
in the will the one for the other then husband or wife in- 
herits as if other had died intestate. But husband or wife 
is not at liberty to renounce under the will and take as if 
no will had been made where either had property of their 
own, separate and apart, equal in amount to what would 
have been their portion if the other had died intestate. 
And in any case they can renounce under the will and 
claim otherwise onl}^ a sufficient amount to make their 
separate estate equal to the part they would have inherited. 
No real or personal property can be bequeathed to church 
organizations of any kind for any purpose. 

Wills after being probated are recorded in office of chan- 
cery clerk. 

DESCENT AND DISTRIBUTION OF PROPERTY 
WHEN NO WILL IS LEFT. 

The estate of one dying without will, after i)ayment of 



AND FIRE INSURANCE. 54I 

debts and expenses and legal charges for settling the estate 
is disposed of according to following rules : 

Dower and courtesy are dispensed Avith. Husband or 
wife take a child's part, if there be issue ; if there be no 
issue, then the husband or wife surviving, inherits the en- 
tire estate, both real and personal. The surviving husband 
or wife with the child or children share equally, the child 
or children of a deceased child and their descendants tak- 
ing the dead child's part ; if the descendants are of different 
degrees they share per stirpes (children sharing equally 
their parents' portion), if of equal degree they share per 
capita. Subject to rights of above, the entire estate goes 
to brothers and sisters equally, the descendants of a dead 
brother or sister taking the deceased parents' share. If 
there be no heirs of above character then the whole estate 
goes to father and mother, if both be living, or to the one 
if the other be dead. In default of all heirs above men- 
tioned, the property vests in the next of kin of the intes- 
tate, in equal degree, computing by the rules of the civil 
law. No representation is allowed among collateral heirs 
other than brothers and sisters. 

There is no distinction between whole and half blood, 
except that the whole blood is preferred to the half in 
equal degree. 

If a man begets a child out of wedlock and afterwards 
marry its mother and acknowledges the child, it shall be, 
in regard to inheritance, as if born in wedlock. 

Illegitimates inherit from their mother and her blood 
kindred according to the regular rules of descent. 

Children of illegitimates and their descendants shall in- 
herit from the brothers and sisters of their father or 
mother, w^hether legitimate or illegitimate, and from their 
grandparents. 

Advancement must be brought into hotchpot, where the 
children or descendants, who have received the advance- 
ment desire to share in the distribution of the estate. 



542 INSTRUCTION IN REAL ESTATE 

NOTARY PUBLIC 
Applicant must be a citizen and believe in God. Appli- 
cation should be made to the Secretary of State who will 
notify v/hen to appear and take oath of office. Appoint- 
ment is made by the Governor. Term of office four years. 
A bond of $2000 is required. Fees — protesting $1 ; admin- 
istering oaths 50 cents ; taking acknowledgment 25 cents. 

STATUTE LAW ON ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 
Acknowledgments made out of the state but within the 
United States may be taken by a judge or clerk of a court 
having a seal, or by any commissioner appointed by the 
governor of this state for that purpose, or some notary 
public or justice of the peace; provided when the acknowl- 
edgment is taken by a justice of the peace, the same shall 
be accompanied by the certificate of the clerk of a court of 
record of the county having a seal, as to the official charac- 
ter of the justice and the authenticity of his signature. If 
without the United States by some judge or clerk of any 
court of any state, kingdom or empire having a seal, or any 
notary public therein, or by any minister, commissioner or 
consul of the United States appointed to reside therein. 

MISSOURI. 

STATUTE LAW RELATING TO DEEDS. 

Conveyances of lands, or of any estate or interest there- 
in are made by deed executed by a person having authority 
to convey the same. All deeds must be subscribed by the 
grantor or his lawful agent. Deeds need not be under seal 
unless the grantor be a corporation having a seal. No 
witnesses are required. 

Where acknowledgment is taken before a notary public 
he must affix his seal and give the dale of the expiration 
of his commission as notary. 

Wlien deeds are recorded notice is imported to all sub- 



AND FIRE INSURANCE. 543 

sequent purchasers and mortgagees of the contents thereof. 
An unrecorded deed is valid between the parties thereto 
and those having actual knowledge of its contents. 

Deeds properly acknowledged may be read in evidence 
without further proof. Upon proper showing that the 
original deed is lost or not w^ithin the power of the party 
wishing to use it, the record thereof or certified copy may 
be read. 

STATUTE LAW RELATING TO MARRIED 
WOMEN. 

A married woman is deemed unmarried so far as to 
enable her to carry on and transact business on her own 
account, to contract and be contracted with, to sue and be 
sued and to enforce and have enforced against her property, 
such judgments as may be rendered for or against her, 
and may sue or be sued at law or in equity, with or without 
her husband being joined as a party. 

When a husband abandons his wife without cause she 
may take possession of his real and personal property 
under order of the circuit court, and may dispose of it for 
the support of herself and family. A discharge for the 
debts due her husband is as valid as if made by her hus- 
band. The wife's real estate is exempt from the husband's 
debts, except for necessities for the family and for labor 
and material furnished for the improvement of such real 
estate. 

The husband's property, except such as he may have 
received from his wife, is exempt from debts incurred by 
her before the marriage. 

WARRANTY DEED. 

This indenture made on the day of 

A. D. One Thousand Nine Hundred by and be- 
tween or party (or parties) of the first 

part, and of the County of in the State 

of , party (or parties) of the second part : 



544 INSTRUCTION IN REAL ESTATE 

Witnesseth, that the said part. . of the first part in con- 
sideration of the sum of dollars, to paid 

by the part., of the second part, the receipt of which is 
hereby acknowledged do (or does) by these presents, 
grant, bargain, and sell, convey and confirm, unto the said 

part. . of the second part heirs and assigns, the 

following described lots, tracts, or parcels of land, lying 

between and situate in the County of and State 

of to wit : All (describe preperty.) 

To have and to hold the premises aforesaid, with all and 
singular the rights, privileges, appurtenances and immuni- 
ties thereto belonging or in anywise appertaining unto 

the said part. . of the second part, and unto heirs 

and assigns, forever, the said hereby covenant- 
ing that they are (or he or she is) lawfully seized of an 
indefeasible Estate in Fee in the premises herein con- 
veyed ; that have (or has) good right to convey 

the same ; that the said premises are free and clear of any 
incumbrances done or suffered by them (or him or her) 

or those under whom., claim., and that will 

warrant and defend the title to the said premises unto the 

said part. . of the second part, and unto heirs and 

assigns, forever, against the lawful claims and demands of 
all persons whomsoever. 

In witness whereof, the said part. . of the first part ha. . 

hereunto set hand the day and year first 

above written. 



Signed and delivered in the presence of us, 



State of Missouri, County of , ss : 

On this day of A. D., 19.., before 

me personally appeared and his wife to 

me known to be the person described in and who executed 



AND FIRE INSURANCE. 545 

the foregoing instrument and acknowledged that they 
executed the same as their free act and deed. 

In testimony Avhereof, I have hereunto set my hand and 

affixed my official seal at my office in the day and 

year first above written. 

(Name and official character.) 



ACKNOWLEDGMENT FOR SINGLE PERSON. 

On this da}^ of A. D. 19. ., before me 

personally appeared to me known to be the per- 
son descri1)ed in and who executed the foregoing 

instrument, and acknowledged that executed the 

same as free act and deed. And the said 

further declare . to be single and unmarried. 

In testimony whereof, I have hereunto set my hand and 

affixed my official seal at my office in the day and 

year first above written. My term expires 

(Name and official character.) 



MORTGAGE FORM. 

This indenture witnesseth that A. B., of party 

of the first part, (if the mortgage is that of a married man 
and the wife joins, as is commonly the case, to extinguish 
her dower or other rights, insert ''and Mary B., his wife" 
and make other corresponding changes below. If the land 

mortgaged belongs to a married woman insert ''and , 

her husband," and make other necessary changes below,) 

in consideration of dollars to him paid by C. D., 

party of the second part, the receipt whereof is hereby 
acknowledged, does hereby give, grant, bargain, sell, re- 
lease, convey and confirm to the said C. D., his heirs 
("successors" instead of "heirs" if mortgage is to a cor- 
poration) and assigns forever the following described 

premises, situate in the of county of 

and state of , (describe it so that it may be ac- 



54^ INSTRUCTION IN REAL ESTATE 

ciirately identified) and all the right, title and interest of 
the said A. B. either in law or equity, in and to the said 
premises ; together with all the appurtenances to the same 
belonging. To have and to hold the same unto the said 
C. D., his heirs and assigns forever, and the said A. B., for 
himself and his heirs, executors and administrators, hereby 
covenants with the said C. D., his heirs and assigns that 
he, the said A. B., is lawfully seized of the said premises, 
in fee simple, and has full right and power to convey the 
same, that the title and premises so conveyed are clear 
and unincumbered; (if there are any exceptions to this 
state them) and further, that he will warrant and defend 
the same against all claim or claims of all persons whom- 
soever. Provided, nevertheless, that whereas the said 
A. B., has executed and delivered unto the said C. D., a 
certain (bond, promissory note, or as the case may be) 
bearing even date herewith (then proceed to further 
describe it so that it may be identified with certainty, or, 
if short, a copy of it may be here inserted, the fact being 
stated that it is a copy). 

Now if the said A. B., his heirs, executors, administra- 
tors or assigns shall pay said debt or sum of dol- 
lars and interest which shall accrue thereon to the said 
C. D., his heirs or assigns, according to the tenor thereof, 
then this mortgage shall be void. 

In witness thereof, the said A. B has hereunto 

set his hand afid seal this day of in the 

year of our Lord 

A. B. (seal.) 

Signed and acknowledged in presence of 
E. F. 
G. H. 

State of Missouri, County of , ss*. 

On this day of A. D., 19. ., before mc 

personally appeared and his wife to me 

known to l)e the person described in and who executed 



AND FIRE INSURANCE. 547 

the foregoing instrument and acknowledged that they 
executed the same as their free act and deed. 

In testimony whereof, I have hereunto set my hand and 

affixed my official seal at my office in the day and 

year first above written. My term expires 

(Name and official character.) 



STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 
Chattel mortgages must be recorded. It is a criminal 
offense to dispose of mortgaged chattels without the con- 
sent of the mortgagee and knowledge of the vendee. It is 
criminal to contract for the payment of a greater rate of 
interest than one per cent, per month. 

CHATTEL MORTGAGE. 

Know all men by these presents, that residing 

in county of state of party of 

the first part, being justly indebted to , residing 

in , party of the second part, in the sum of 

dollars, which is hereby confessed and acknowledged, has, 
for the purpose of securing the payment of said debt, 
granted, bargained, sold and mortgaged, and by these 
presents does grant, bargain, sell and mortgage unto the 
said party of the second part his heirs, executors, admin- 
istrators and assigns, all that certain personal property 
described as follows, to wit: (Describe it and state where 
it is and in whose possession), all of which property the 
party of the first part covenants is free and clear from all 
liens and encumbrances, and the said party of the first 
part for himself, his heirs, executors and administrators, 
all and singular, the goods, chattels and personal property 
above Ijargained and sold, unto the said party of the 
second part, his executors, administrators and assigns, 
against him the said party of the first part, and against all 



548 INSTRUCTION IN REAL ESTATE 

and every other person or persons, whomsoever, shall and 
will warrant and forever defend. 

To have and to hold, all and singular said goods and 
chattels unto the said party of the second part, his heirs, 
executors, administrators and assigns, forever; provided, 
always, and these presents are upon this express condition : 
That if the said party of the first part shall pay or cause to 
be paid unto the said party of the second part his heirs or 

assigns, the sum of dollars, according to the 

conditions of two (or as the case may be) certain promis- 
sory notes executed by payable to at 

viz. $ dated due with 

interest at per cent, per annum, until paid (or 

omitting all after "promissory notes" and inserting ''of 
which the following are copies" and then insert copies, or 
if the indebtedness is not represented by promissory notes 
its character may be otherwise indicated.) Then these 
presents to be void and of no effect. The property hereby 

sold and conveyed to remain in possession until 

default be made in the payment of the said debt and inter- 
est, or some part thereof; but in case of a sale or disposal 
or attempt to sell or dispose of said property or a removal 

of, or attempt to remove the same from , or an 

unreasonable depreciation of value thereof, the said 

or his legal representative, may take the said property, or 
any part thereof, into his possession. 

Upon taking possession of said property, or any part 
thereof, either in case of default or as above provided, the 

said or his legal representative may 

proceed to sell the same, or any part thereof, at public 

auction to the highest bidder for cash, at in the 

of , county of and state of 

Missouri, first having given days' public notice 

of the time, terms and place of sale, and the property to be 
sold, by 

In witness whereof the said party of the first part here- 



AND FIRE INSURANCE. 549 

Unto sets his hand and seal this day of 

A. D., 19. . 

(Seal.) 

Witness. 

State of Missonri, County of , ss : 

being- duly sworn on his oath says that he is 

the leg-al and absolute owner of the personal property 
above described, and that the same is free from all claims 
and liens whatsoever. 

Subscribed and sworn to before me this day of 

I9-. 



STATUTE LAW RELATING TO BILLS OF SALE. 
Bill of sale of personalty is good between the parties 
thereto, but every sale shall be void against the creditors 
of the vendor, or subsequent purchasers in good faith, 
where the vendor has the chattels in his possession or 
under his control unless the goods are delivered in a rea- 
sonable time, regard being had to the situation of the 
property and be followed by an actual and continued 
change of the possession of the chattels sold. 

BILL OF SALE FORM. 

Know all men, by these presents, that I, A. B., of , 

in consideration of the sum of dollars to me in 

hand paid by C. D., of the same place, at and before the 
ensealing and delivering of these presents, the receipt 
whereof I do hereby acknowledge, (or if the consideration 
be different state it,) have bargained, sold, released, 
granted, and confirmed, and by these presents, do bargain, 
sell, release, grant, and confirm, unto the said C. D., all 
the following goods, household stuff, and implements of 
household, (or as the case may be) (here describe each 
article so it can be identified) now remaining and being 
(mention where they are) to have and to hold all and sin- 



550 INSTRUCTION IN REAL ESTATE 

gnlar the said goods and chattels, etc., and every one of 
them, by these presents bargained, sold, released, granted, 
and confirmed, unto the said C. D., his heirs, executors, ad- 
ministrators, and assigns, to his and their only proper use 
and behalf forever. 

Witness my hand and seal, this fourth day of , 

A. D., 19.. 

Signed, sealed and delivered in presence of 

A. B. (Seal.) 
E. G. 
A. R. 

STATUTE LAWS RELATING TO LANDLORD AND 

TENANT. 

Where default is made in the payment of the rents at 
the time agreed upon by the parties, the landlord may 
recover possession of the premises demised. In long 
leases, a forfeiture clause may be inserted by which the 
landlord may recover possession whenever a half year's 
rent or more is in arrear. No tenant for a term not ex- 
ceeding two years, or at will or by sufferance can assign 
his term or interest without the written consent of the 
landlord. A tenancy from year to year may be terminated 
by either party giving notice in Avriting, not less than 
sixty days before the end of the term. A tenancy at will 
or by sufferance or for less than one year may be termi- 
nated by giving one month's notice to the lessee. The 
landlord cannot destrain but may bring a statutory action 
for possession. Before judgment for possession is ren- 
dered, the tenant may tender all rent then in arrear and. 
costs and thereby retain possession. When the rent is 
due, within one year thereafter an attachment will lie : 
(i) When the tenant intends to remove his property from 
the premises. (2) When he is removing his property. 
(3) When he has, within thirty days, removed his prop- 
erty. (4) When he shall dispose of the crop, as to en- 



AND FIRE INSURANCE. 551 

danger, hinder or delay collection of rent. (5) When he 
is attempting to dispose of the crop, so as to endanger, 
hinder or delay the collection of the crop. (6) When the 
rent is due and unpaid after demand. 

FORM OF NOTICE TO OUrr. 
State of Missouri, County of Jasper, ss. 

To: 

You are hereby notified to vacate and remove from and 

deliver to the undersigned, the peaceable possession of the 

dwelling house and lot. No in addition to 

Carthage, Mo., now occupied by you as my tenant on or 
before (date) as I intend that your tenancy to said house 
and lot, shall terminate at that time. Given under my 
hand this (date). 

(Owner's signature) 

By , Agents. 

LEASE FORM. 

This indenture, made the day of , in 

the year of our Lord one thousand nine hundred and , 

between A. B., of ,of the first part, and C. D., of 

, of the second part, witnesseth : That the said 

A. B., for and in consideration of the yearly rent and 
covenants hereinafter mentioned and reserved, on the part 
and behalf of the said C. D., his executors, administrators 
and assigns, to be paid, kept, and performed, hath demised, 
granted and leased, and by these presents doth demise, 
grant and lease, unto the said C. D., his executors, admin- 
istrators, and assigns, all that messuage and lot of ground, 

situate, lying and being in the aforesaid, bounded, 

northward, &c., (here describe the premises) together with 
all and singular, buildings and appurtenances thereunto 
belonging. To have and to hold the said messuage and lot 
of ground, and all and singular the premises hereby de- 
mised, with the appurtenances, luito the said C. D., his 



552 INSTRUCTION IN REAL ESTATE 

executors, administrators, and assigns, from the 

day of next ensuing the date hereof, for and 

during the term of years thence next ended ; 

yielding and paying for the same unto the said A. B., his 
executors, administrators, and assigns, the yearly rent or 

sum of dollars, in four equal quarterly payment 

(or as the case may be) of dollars each, the first 

of which to be made on the day of next. 

And the said C. D., for himself, his heirs, executors, and 
administrators, doth covenant, promise, and agree to and 
with the said A. B., his heirs, executors, administrators, 
and assigns, b}^ these presents, that he, the said C. D., his 
heirs, executors, and administrators, shall and will well 
and truly pay or cause to be paid unto the said A. B., his 
heirs, executors, administrators, or assigns, the said yearly 

rent of dollars, hereby reserved, on the several 

days and times hereinbefore mentioned and appointed for 
the payment thereof, according to the true intent and 
meaning of these presents. And the said A. B., for him- 
self, his heirs, executors, and administrators, doth cove- 
nant, promise, and agree to and with the said C. D., his 
executors, administrators, and assigns, by these presents, 
that he, the said C. D., his executors, administrators, and 
assigns, (paying the rent and performing the covenants 
aforesaid) shall and may peaceably and quietly have, hold, 
use, occupy, possess and enjoy the said demised premises, 
with the appurtenances, during the term aforesaid, without 
the lawful let, suit, trouble, eviction, molestation, or inter- 
ruption of the said A. B., his heirs or assigns, or any other 
person or persons whatsoever. 

Said lessee agrees, that all of property, to wit : 

situated on said premises, whether subject to 

legal exemption or not, shall be bound and subject to a 
lien for and securing the payment of said rents and dam- 
ages. 



AND FIRE INSURANCE. 553 

Witness the hands and seals of the said parties the day 
and year first above written. 

A. B. (seal.) 
C. D. (seal.) 
Signed, sealed and delivered in presence of 
E. F. 
G. H. 

EXEMPTION AND HOMESTEAD LAWS. 

Certain articles exempt when owned by the head of a 
family and professional men and in lieu thereof other prop- 
erty may be held exempt, the value of which shall not ex- 
ceed $300. 

Personal property in the hands of a vendee is not ex- 
empt from execution for the purchase price. 

A dwelling-house and appurtenances and the land used 
in connection therein when occupied by a housekeeper or 
head of a family as a homestead is exempt, wdien said 
property does not exceed the amount and value as fol- 
lows : In the country shall not include more than one 
hundred and sixty acres, nor exceed the total value of 
$1,500; in cities of a population of 40,000 or more, eighteen 
(18) square rods of ground, with a value of $3,000 is 
allowed ; in cities of a population of 10,000 and less than 
40,000 thirty square rods, of $1,500; in cities, incorporated 
towns and villages of a population less than 10,000, five 
acres with a value of $1,500 is alloAved. The husband can- 
not, but may with his wife, convey mortgage, alienate or 
otherwise dispose of such homestead. 

STATUTE LAW RELATING TO FENCES. 
A land owner must fence cattle out ; where the fence of 
any owner of real estate incloses, or shall become a part 
of the fence inclosing the land of another, on demand made 
by the person owning such fence, such other person shall 
pay the owner one-half the value of so much thereof as 
incloses his land, or he may build, within eight months 



554 INSTRUCTION IN REAL ESTATE 

from said demands a lawful fence half the distance along 
the line covered by the above fence. Where said owners 
cannot agree as to the value of one-half of said fence, on 
application of the owner, a justice of the peace of the 
township requires three disinterested householders to 
view the fence and estimate the value thereof. 

STATUTE LAWS RELATING TO LIMITATION. 

Suits to recover land must be brought within ten years. 
After an entry upon land, an action must be commenced 
within one year after the making of such entry and within 
ten years from the time when such entry descended, or 
accrued. Where the person entitled is under 21 years, or 
insane, or imprisoned on any criminal charge or in execu- 
tion upon some conviction of a criminal offense for any 
time less than life, or a married w^oman, the time occupied 
in such disability is deducted from the limitation, but 
where the disability continues for 24 years, the right of 
action or entry is lost. Ten years is the limitation to any 
action upon any writing, sealed or unsealed, for the pay- 
ment of money or property ; also on covenants of warranty 
in deeds when there has been a final decision against the 
title of the covenantor and actions on any covenant of 
seizure. Actions upon parol contracts, obligations or 
liabilities, express or implied, must be brought within five 
years also for trespass on real estate and for the recovery 
of specific personal property and for relief on ground of 
fraud. 

DECEDENT'S DEBTS. 
Decedent's debts are paid first out of personalty, then 
realty. An order from the probate court must be pro- 
cured for the sale of realty to pay debts. Demands against 
the estates of deceased persons are divided into the follow- 
ing classes and paid in tlic order as classified: i. Funeral 
expenses. 2. Expenses of the last sickness, wages of ser- 
vants and cost of medicine and medical attendance during 



AND FIRE INSURANCE. 555 

the last sickness of tlie deceased. 3. All debts including 
taxes due the state or any county, or incorporated city or 
town; and it shall be the duty of the executor or adminis- 
trator to pay all such taxes without any demand therefor 
being presented to the court for allowance ; provided, that 
no executor or administrator shall pay any taxes on the 
real estate of the deceased that are not a charge against 
the same at the death of the deceased, except when he is 
in possession of the realty under an order of th-e court. 
4. Judgments rendered against the deceased in his life- 
time, and judgments rendered upon attachments levied 
upon property of the deceased during his lifetime. Judg- 
ments that are liens upon deceased's real estate take pref- 
erence to all other demands, except classes i and 2, when 
the estate is insolvent. 5. All demands which shall be 
legally exhibited against the estate within one year after 
the granting of the first letters on the estate. 6. All de- 
mands exhibited after the letters have been granted. 

STATUTE LAW RELATING TO DESCENT AND 
DISTRIBUTION WHEN NO WILL IS LEFT. 

A decedent's estate, not disposed of by will or limited 
by marriage settlement, after payment of debts and cost 
of administration, vests as follows 

A widow, if there be issue, takes one-third of the realty 
for life and a child's part in the personal property, subject 
to her personal dower of $400 to be paid her out of the 
personal estate before any debts are paid, and which must 
be accounted for in the division of the personal estate. 

Should the widow so select she may take absolutely a 
child's part of the realty. In addition to the above the 
widow is entitled to the family library, not to exceed 
$200 in value, family wearing apparel, household, table 
and kitchen furniture, implements of industry, cloth, grain 
and provisions on hand at the deceased's death. If said 
last named articles are not on hand the court may make a 



556 INSTRUCTION IN REAL ESTATE 

proper allowance out of the personal estate for the puf- 
chase of the same. 

If there be no issue or descendants in being, the widow 
takes absolutely one-half of the real and personal estate, 
subject to the payment of the husband's debts, and abso- 
lutely all of the property which came to the husband by 
the marriage and remaining undisposed of. 

A surviving husband has a life estate in the whole of his 
deceased wife's realty, if there be issue. When the wife 
dies without issue or descendants in being, the husband is 
entitled to one-half of the real and personal estate abso- 
lutely, subject to the payment of the wife's debts. 

Any surviving wife or husband is entij:led to share equal- 
ly with the children (or child if but one) of the decedent. 

Subject to the rights above mentioned, realty descends, 
and personalty is divided as follows : 

1. To children or their descendants in equal parts. 

2. If there be no children or their descendants, then to 
the father, mother, brothers and sisters, or their descen- 
dants in equal parts. 

3. The previous classes not existing, then the husband 
or wife. 

4. Upon a failure of previous classes, then to grand- 
parents, uncles and lineal ancestors, and their children and 
their descendants, in ecjual parts. 

In all cases the heirs of the half blood take only half the 
share of like heirs of the whole blood. If all the heirs are 
in the same degree of relationship to the decedent they take 
per capita, if in unecjual degree the nearest take per capita, 
the more remote per stirpes. Descendants and relatives 
of an intestate, begotten before his death but born after, 
take as if born in his lifetime. An intestate may during 
his lifetime advance to a child all or a part of his share in 
the estate. 

Illegitimate children may inherit and transmit inheri- 
tance on the part of their mother and so the mother may 
inherit from her child. 



AND FIRE INSURANCE. 557 

DISTRIBUTION OF PROPERTY BY WILL. 

Every male person twenty-one years of age and of sound 
mind may dispose of his real and personal estate at will, 
saving the widow her dower and right of homestead. 
Every male person over eighteen years of age and of sound 
mind may dispose of his personal property by will. Any 
married or unmarried woman, eighteen years of age and 
of sound mind, may dispose of her real and personal estate, 
by will, subject to the rights of the husband, if any, to his 
curtesy therein. Every will must be in writing", signed by 
the testator, or by some person by his direction, in his 
presence ; and must be attested by two or more competent 
witnesses subscribing their names in the presence of the 
testator at his request. 

Personal estate to the value of $200 may be bequeathed 
by nuncupative will made at the time of last sickness, and 
at the dwelling house of the deceased, or where he has been 
residing for the space of ten days or more, except where 
such person was taken sick from home and died before 
his return. It must be proved that the testator, at the 
time of making the will, bid some person present to bear 
witness that such was his will, or to that effect ; and in all 
cases the foregoing requisites shall be proved by two or 
more persons who were present at the making of the will. 

A will must be proven before the probate court of the 
county in which the residence of the deceased was located, 
and in case of no residence, where the greater part of the 
real estate is located, by the oath or affirmation of the sub- 
scribing witnesses. If the witnesses are dead or cannot 
be found then the will must be proved by evidence of the 
handwriting of the testator. 

A devise of real estate to a person without referring to 
his heirs or using words of inheritance or perpetuity passes 
all the estate of the testator, unless a contrary intention be 
manifest on the face of the will. If there be a devise or 
legacy in favor of a child or other relative of the testator, 



558 INSTRUCTION IN REAL ESTATE 

and such devisee shall die before the testator, leaving lineal 
descendants, such descendants shall take the estate as 
such devisee would have done in case he had survived the 
testator. 

If, after making a will, the testator shall marry and die 
leaving issue by such marriage living at the time of his 
death, or shall leave issue of such marriage, born to him 
after his death, such will shall be deemed void, unless 
provision shall have been made for such issue by some 
settlement, or provision in the will. A testator shall be 
deemed to have died intestate as to children not named in 
the will, and the other heirs, divisees, and legatees shall 
refund to such children their proportional part. 

If a single woman makes a will and marry such will is 
thereby revoked. The surviving husband or wife may 
elect to take under the will, or the wife may take the dower 
allowed her by the statutes, or the husband may take his 
curtesy allowed by common law, which is a life estate in 
all reality of which the wife died seized. 

The probate or refusal to probate a will if not contested 
within five years, is conclusive, saving to infants, married 
Avomen and persons of unsound mind, a like period of five 
years after their respective disabilities are proved. 

NOTARY PUBLIC. 

Applicant, if male, must be 21 years of age, and a citizen 
of the United States. If female must be 18 years of age. 
Application should be made to the Secretary of State who 
will notify when to appear and take oath of office. Ap- 
pointment is made by the Governor. Term of office, four 
years. Fee $5. A bond of v$2000 is also required. Fees 
— noting for protest 15 cents; noting without protest 35 
cents ; entering protest 35 ; registering protest 35 cents ; 
administering an oath or taking acknowledgment 50 cents. 



AND FIRE INSURANCE. 559 

LAW CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE ESTATE. 
Acknowledgments of every conveyance affecting real 
estate may be taken without this state and within the 
United States by any notary public or by any court of the 
United States or of any state or territory having a seal, 
or the clerk of any such court, or any commissioner ap- 
pointed by the governor of this state to take the acknowl- 
edgment of deeds ; w^ithout the United States, by any 
court having a seal, by the chief officer of any city or town 
having an official seal or by any consular officer of the 
Li^nited States or notary public. 

MONTANA. 
STATUTE LAW RELATING TO DEEDS. 

Every conveyance of real property other than for a term not 
exceeding one year, is void as against a subsequent purchaser 
or incumbrancer including an assignee of a mortgage, lease or 
other conditional estate in the same property, or any part 
thereof, in good faith, and for a valuable consideration, whose 
conveyance is first recorded. Deeds are valid in Montana 
without any witness ; but they usually have one witness to 
each name. Seals are abolished, except official seals. 

STATUTE LAW RELATING TO MARRIED WOMEN. 

Married women and minors may, in their own right, make 
and draw deposits and draw dividends, and give valid receipts 
therefor. And shares of stock held or owned by a married 
woman may be transferred by her, in the same manner as if 
she were unmarried. She may draw dividends by herself or 
attorney and receipt therefor ; and any power or proxy she may 
give in relation to such shares of stock is binding without the 
signature of her husband. 

The acknowledgment of a married woman to an instrument 
purporting to be executed by her, must be taken the same as 



560 INSTRUCTION IN REAL ESTATE 

t*hat of any other person. And a conveyance by a married 
woman has the same effect as if she were unmarried and is 
acknowledged in the same manner. A married woman may 
sue and be sued. If a husband and wife be sued together the 
wife may defend in her own right, and if the husband neglected 
to defend, she may defend for his right also. A father, or in 
case of the death or desertion of his family, the mother, may 
prosecute for the seduction of the daughter, and the guardian 
for the seduction of the ward. 

The husband is liable for the support of his wife, unless 
abandoned by her, and if he neglects to do so, any other per- 
son may in good faith furnish her with articles necessary for 
her support, and recover the reasonable value thereof from the 
husband. And the wife must support the husband out of her 
separate property, when he has no separate property, if he has 
not deserted her, and is unable from infirmity to support him- 
self. 

WARRANTY DEED. . .. 

The State of county of 

Know all men by these presents, that for and in considera- 
tion of dollars, to the undersigned grantor in 

hand paid by the receipt whereof is hereby acknowl- 
edged the said do grant, bargain, sell and con- 
vey unto the said the following described real estate 

to wit : situated in county, State of 

To have and to hold the said property unto the said 

heirs and assigns forever. 

And do for heirs, executors and administrat- 
ors, covenant with said heirs and assigns that 

lawfully seized in fee simple of said preniises ; that they are 

free from all encumbrances and that have a good right 

to sell, and convey the same as aforesaid ; that will and 

heirs, executors and administrators shall warrant 

and defend the same to the said heirs, executors, and 

assigns forever, against the lawful claims of all persons. 

In witness whereof, the said party of the first part has here- 



AND FIRE INSURANCE. 561 

unto set his haiul and seal the day and year first above written. 

(seal.) 

(seal.) 



Signed, sealed and delivered in presence of 



State of Montana, County of ss ; 

On this day of A. D., 19. . . ;; before me 

(name and official character) in and for the county and state 

of aforesaid, personally appeared known to me (or 

proved to me on the oath of ) to be the person whose 

name subscribed to the within instrument ; and ac- 
knowledged to me that he executed the same. 

In witness whereof I have hereunto set my name and affixed 
my official seal the day and year first above written. 

. Notary Public, (or other officer) . 

In and for County, Montana. 

MORTGAGE FORM. 

This indenture witnesseth that A. B., of party of the 

first part, (if the mortgage is that of a married man and the 
wife joins, as is commonly the case, to extinguish her dower 
or other rights, insert ''and Mary B., his wife" and make other 
corresponding changes below. If the land mortgaged belongs 

to a married woman insert "and , her husband", and 

make other necessary changes below), in consideration of .... 
dollars to him paid by C. D., party of the second part, the 
receipt whereof is hereby acknowledged, does hereby give, 
grant, bargain, sell, release, convey and confirm to the said 
C. D., his heirs (''successors" insteod of "heirs" if mortgage 
is to a corporation) and assigns forever the following de- 
scribed premises, situate in the of county of 

and state , (describe it so that it may be accu- 
rately identified) and all the right, title and interest of the 
said A. B. either in law or equity, in and to the said premises ; 
together with all appurtenances to the same belonging. To 



562 INSTRUCTION IN REAL ESTATE 

have and to hold the same unto the said C. D., his heirs and 
assigns forever, and the said A. B., for himself and his heirs, 
executors and administrators, hereby covenants with the said 
C. D., his heirs and assigns that he, the said A. B., is lawfully 
seized of the said premises, in fee simple, and has full right 
and power to convey the same, that the title and premises so 
conveyed are clear and unincumbered; (if there are any ex- 
ceptions to this state them) and further, that he will warrant 
and defend the same against all claim or claims of all persons 
whomsoever. Provided, nevertheless, that whereas the said 
A. B., has executed and delivered unto the said C. D., a certain 
(bond, promissory note, or as the case may be) bearing even 
date herewith (then proceed to further describe it so that it 
may be identified with certainty, or, of short, a copy of it 
may be here inserted, the fact being stated that it is a copy). 

Now if the said A. B., his heirs, executors, administrators 

or assigns shall pay said debt or sum of dollars and 

interest which shall accrue thereon to the said C. D., his heirs 
or assigns, according to the tenor thereof, then this mortgage 
shall be void. 

In witness thereof, the said A. B has hereunto set 

his hand and seal this day of in the year of our 

Lord A. B. (seal.) 

Signed and acknowledged in presence of 
E. R, 
G. H. 

Note. Add acknowledgment. 

STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 

Must be followed by affidavit of the parties thereto that the 
mortgage is made in good faith and without intent to defraud 
creditors, and must be acknowledged and filed with recorder. 
Chattel mortgages when properly executed, acknowledged and 
filed, are valid against all persons from the time it is filed until 
the maturity of the debt and for sixty days thereafter; pro- 



AND FIRE INSURANCE. 563 

vided no chattel mortgage shall be valid against creditors and 
subsequent purchaser for a period exceeding one year and 
sixty days. They may, however, be renewed from year to 
year. 

Personal property mortgaged may be taken on attachment 
or execution issued at the suit of a creditor of the mortgagor ; 
but before the property is so taken, the officer must pay or 
tender to the mortgagee, the amount of the mortgage debt and 
interest, or must deposit the amount thereof with the county 
treasurer of the county in which the mortgage is filed. 

CHATTEL MORTGAGE. 

Know all men by these presents, that residing in 

county of state of , party of the first 

part, being justly indebted to , residing in , party 

of the second part, in the sum of dollars, which is 

hereby confessed and acknowledged, has, for the purpose of 
securing the payment of said debt, granted, bargained, sold 
and mortgaged, and by these presents does grant, bargain, sell 
and mortgage unto the said party of the second part, his heirs, 
executors, administrators and assigns, all that certain personal 
property described as follows, to wit: (Describe it and state 
where it is and in whose possession), all of which property 
the party of the first part covenants is free and clear from all 
liens and encumbrances, (here mention Exemptions, if any), 
and the said party of the first part for himself, his heirs, execu- 
tors, and administrators, all and singular, the goods, chattels 
and personal property above bargained and sold, unto the said 
party of the second part, his executors, administrators and as- 
signs, against him the said party of the first part, and against 
all and every other person or persons, whomsoever, shall and 
will warrant and forever defend. 

To have and to hold, all and singular said goods, and chat- 
tels, unto the said party of the second part, his heirs, execu- 
tors, administrators and assigns, forever; provided, always, 
and these presents are upon this express condition: That if 



564 INSTRUCTION IN REAL ESTATE 

the said party of the first part shall pay or cause to be paid 
unto the said party of the second part, his heirs or assigns, 

the sum of dollars, according to the conditions of two 

(or as the case may be) certain promissory notes, executed 

by payable to at ...... viz. : $ dated 

due with interest at per cent, per annum, 

until paid (or omitting all after "promissory notes" and in- 
serting "of which the following are copies"' and then insert 
copies, or if the indebtedness is not represented by promissory 
notes, its character may be otherwise indicated). Then these 
presents to be void and of no effect. And as long as the con- 
ditions of this mortgage are fulfilled, the said party of the first 
part is to remain in peaceful possession of said property, 
and in consideration thereof agrees to keep said property in 
as good condition as it now is, at the cost and expense of said 
first party. 

In witness Vv^hereof, the said party of the first part has here- 
unto set his hand and seal, this .... day of , A. D., 19. . 

(seal.) 

Signed and delivered in the presence of 

19.-. 

Then personally appeared the within named Mort- 
gagor and Mortgagee and acknowledged the foregoing 

deed to have been made in good faith and without intent to 
defraud creditors. In witness whereof I have hereunto set 
my hand and seal the day and year above written. 



BILL OF SALE FORM. 

Know all men, by these presents, that I, A. B., of , in 

consideration of the sum of dollars to me in hand paid 

by C. D., of the same place, at and before the ensealing and 
delivering of these presents, the receipt whereof I do hereby 
acknowledge, (or if the consideration be different state it), 
have bargained, sold, released, granted, and confirmed, and 



AND FIRE INSURANCE. 565 

by these presents, do bargain, sell, release, grant, and confirm, 
unto the said C. D., all the following goods, household stufif, 
and implements of household, (or as the case may be) (here 
describe each article so it can be identified) now remaining 
and being (mention where they are) to have and to hold all 
and singular the said goods and chattels, etc., and every one 
of them, by these presents bargained, sold, released, granted, 
and confirmed, unto said C. D., his heirs, executors, admin- 
istrators, and assigns, to his and their only proper use and 
behalf forever. 

Witness my hand and seal, this fourth day of , A. D., 

19... 

Signed, sealed and delivered in presence of 
E. G. 
A. R. 

A. B. (seal.) 

LEASE FORM. 

This indenture made and executed this day of 

A. D., 19. . . , between of , of the first part, and 

of , of the second part, witnesseth that in con- 
sideration of the rents and covenants hereinafter expressed, 
the said party of the first part has demised and leased, and 
does hereby demise and lease to the said party of the second 

part the following premises, viz. : (describe them) with 

the privileges and appurtenances, for and during a term of 

....... from day of I9- • • , which term will 

end And the said party- of the second part covenants 

that he will pay to the party of the first part, for the use of 

said premises, the yearly rent of dollars ($. . . .), to 

be paid monthly in advance in equal installments, without de- 
mand therefor being made by the pajty of the first part. 

And provided, said party of the second part shalKfail to pay 
said rent, or any part thereof, when it becomes due, it is agreed 
that said party of the first part may sue for the same, re-enter 
said premises, or resort to any legal remedy. 



566 INSTRUCTION IN REAL ESTATE 

The party of the part agrees to pay all taxes 

to be assessed on said premises during said term 

The party of the second part covenants that at the expiration 
of said term he will surrender up said premises to the party 
of the first part in as good condition as now, necessary wear 
and damage by the elements excepted. 

Witness the hands and seals of the said parties the day and 
year first above written. 

A. B. (seal.) 
CD. (seal.) 
Signed, sealed and delivered in presence of 
E. R 
G. H. 
Note. — Leases should be made in duplicate, one for each 
party. 

EXEMPTION AND HOMESTEAD LAWS. 

In all cases wearing apparel of the judgment debtor and his 
family, chairs, etc., to the value of $200 are exempt; neces- 
sary household furniture, etc., of the debtor ; provisions and 
fuel provides for two months ; and one horse, two cows, with 
their calves ; and fifty domestic fowls ; one sewing machine, 
not exceeding in value $100; a homestead not exceeding in 
value $2,500. Persons following some trade or profession have 
additional exemptions. 

STATUTE LAWS RELATING TO LIMITATION. 

The following actions must be brought within ten years 
from the date the action accrued : Actions to recover real 
estate either by the state or an individual, action to recover 
dower; actions or judgments or decrees, actions for mesne 
profits of realty. 

The following within eight years : Actions upon contract, 
abligation or liability founded upon any instrument in writing. 



AND FIRE INSURANCE. 567 

NOTICE OF WATER RIGHT. 

State of Montana, county of , ss. 

To all whom these presents may concern : 

Be it known, that , of , in said county and 

state, do hereby publish and declare, as a legal notice to all 
the world, : 

I. That ha . . . a legal right to the use, possession, 

and control of and claim inches of the waters of 

in said county and state, for irrigation and other purposes. 

II. That the special purpose for which said water is in- 
tended to be used, and the place of intended use is 

III. That have taken said water out of and di- 
verted it from said by means of , which said 

...... is inches by inches in size and carries 

or conducts inches of water from said ; said 

taps and diverts the water from said stream at a point 

upon its bank ; thence running or to run, to 

and upon said described land (and through said land of 

so desire, to any requisite point of final discharge). 

IV. That appropriated and took said water on the 

day of , A. D., 19. . . , by means of said 

V. That the name. . of the appropriator. . of said water. . 

VI. That also hereby claim said ditch and the right 

of way therefor, and for said water by it conveyed, or to be 
conveyed, from said point of appropriation to said land or 
point of final discharge, and also the right of location upon 
any lands of any dams, flumes, reservoirs, constructed, or 

to be constructed, by in appropriating, and in using 

said water. 

VII. That also claim the right to keep in repair and 

to enlarge said means of water -appropriation at any time, and 
the right to dispose of the said right, water, ditch, or said 
appurtenances, in part or whole, at any time. 

Claiming the same, all and singular, under any and all laws, 
national and state, and rulings and decisions there- 
under, in the manner of water rights. 



568 INSTRUCTION IN REAL ESTATE 

Together with all and singular the hereditaments and ap- 
purtenances thereunto belonging or appertaining, or to accrue 
to the same. 

Witness hand at , Montana, this day 

of , 19. . . 



State of Montana, County of ,ss: 

, having first been duly sworn, depose and say 

that he if lawful age and the appropri- 

ator. . and claimant of the water and water right mentioned 
in the foregoing notice and statement of appropriation and 

claim, and the person . . whose name subscribed thereto 

as the appropriator. . and claimant. . ; that he knows the con- 
tents of said notice and statement foregoing, and that the 
matters and things therein stated are true. 



Subscribed and sworn to before me this day of 

A.D., 19. .. 



County, Montana. 

I hereby certify that the within notice of location of water 

right was filed for record on the ...... day of , 19. . ., 

at o'clock .... m., and is duly recorded in volume 

of water-right location records on page , records 

of county, Montana. 

Attest my hand and seal of said county. 



County Recorder. 

By , 

Deputy. 

Fee .... $ 

DECEDENTS' DEBTS. 
The debts of the estate must be paid in the following order : 
I. Funeral expenses. 2. Expense of administration. 3. All 
other just debts. 

Where the value of the estate exceeds $5,000. claims must 



AND FIRE INSURANCE. 569 

be presented against the estate within six months after the first 
publication of notice to creditors ; where the estate is less than 
$5,CMDO, the time is limited to four months. 

Claims must be presented to the executor or administrator, 
or the county judge before suit can be brought. If the claim 
is rejected, a suit must be brought within three months after 
its rejection or it is forever barred unless the person who 
holds the claim is a non-resident. Non-approval of a claim 
for ten days is equivalent to a rejection. If a claim is not due 
when such notice to creditors is published, it must be presented 
within one month after it becomes due. 

Real estate mortgages must be foreclosed within ten years 
after due. 

STATUTE LAW RELATING TO DESCENT AND 
DISTRIBUTION WHEN NO WILL IS LEFT. 

A decedent's estate both real and personal not disposed of 
by will passes to his heirs, subject to the control of the dis- 
trict court, as follows, subject to the payment of the debts of 
decedent : 

I. If the decedent leave a surviving husband or wife, and 
only one child, in equal shares to the surviving husband, or 
wife, and child, or issue of such child. If the decedent leave a 
surviving husband or wife and more than one child living, and 
the lawful issue of one or more deceased children, one-third 
to the surviving husband or wife, and the remainder in equal 
shares to his children, and to the lawful issue of any deceased 
child, by right of representation, but if there be no child of 
the decedent living at his death, the remainder goes to all his 
lineal descendants; and if all the descendants are in the same 
degree of kindred to the decedent, they share equally, other- 
wise they take by right of representation. If the decedent 
leave no surviving husband or wife, but leaves the issue, the 
whole estate goes to such issue ; and if such issue consist of 
more than one child living, and the lawful issue of one or more 
deceased children, then the estate goes in equal shares to the 



570 INSTRUCTION IN REAL ESTATE 

children living, or to the child living, and to the issue of such 
deceased child or children by right of representation. 

2. If the decedent leave no issue, the estate goes one-half 
to the surviving husband or wife, and the other half to the 
decedent's father in equal shares, and if either be dead the 
whole of said half goes to the survivor. If there be no father 
or mother, then one-half goes in equal shares to the brothers 
and sisters of the decedent, and to the children of any deceased 
brother or sister, by right of representation. If the decedent 
leave no issue, nor husband nor wife, the estate must go to 
his father and mother in equal shares or if either be dead then 
to the other. 

3. If there be neither issue, husband, wife, father, nor 
mother, then in equal shares to the brothers and sisters of the 
decedent, and to the children of any deceased brother or sis- 
ter by right of representation. 

4. If the decedent leave a surviving husband or a wife, 
and neither issue, father, mother, brother, sister, the whole 
estate goes to the surviving husband or wife. 

5. If the decedent leave neither issue, husband, wife, 
father, mother, brother nor sister, the estate goes to the next 
of kin in equal degree, excepting that where there are two or 
more collateral kindred, in equal degree, but claiming through 
different ancestors, those who claimed through the nearest 
ancestors must be preferred to those claiming through an an- 
cestor more remote. 

6. If the decedent leave several children, or one child, and 
the issue of one or more children, and any such surviving 
child dies under age, and not having been married, all the 
estate that came to the deceased child by inheritance from such 
decedent descends in equal shares to the other children of the 
same parent, and to the issue of any such children who are 
dead, by right of representation. 

If, at the death of such child, who dies imdcr age, not hav- 
ing been married, all the other cliildren of his parents are 
also dead, and any of them have left issue, the estate that came 



AND FTRE INSURANCE. 571 

to such child, by inheritance from his parents, descends to 
the issue of all other children of the same parent; and if all the 
issue are in the same degree of kindred to the child, they 
share equally, otherwise they take according to the right of 
representation. 

8. If the decedent leave no husband, wife or kindred, the 
estate escheats to the state. 

An illegitimate child is made legitimate by the father ac- 
knowledging the child to be his, in writing, in the presence of 
one or more competent witnesses ; and he inherits the whole 
estate in whole or in part, but does not represent his father 
or mother in inheriting any estate they may inherit, unless the 
parents shall intermarry, and his father after such marriage, 
acknowledges him as his child, or adopts him into his family; 
in such cases the children all share equally ; and the father and 
mother will inherit from the children as in other cases where 
all the children are legitimate. The issue of all marriages 
null in law, or dissolved by divorce, are legitimate. 

The property of an illegitimate child, who has not been 
adopted in some manner provided by law, goes to his mother, 
or, in case of her decease to her heirs-at-law. 

Resident aliens take in all cases as citizens ; but a non- 
resident to claim by succession must appear and present his 
claim within five years after the death of the party whose es- 
tate he claims. 

Kindred of the whole blood and of the half blood share 
equally if of the same degree, unless the inheritance comes 
to the intestate by descent, devise, or gift of some one of his 
ancestors, in which case all those who are not of the blood of 
such ancestors must be excluded from such inheritance. Post- 
humous children are considered as living at the death of their 
parents. 

A widow shall be endowed of one-third of all lands whereof 
her husband was seized during the marriage, unless the same 
shall be relinquished in legal form. When the wife joins the 
husband in the execution of any conveyance of land, she 



57^ INSTRUCTION IN REAL ESTATE 

thereby relinquishes her inchoate right, and shall not there- 
after, except in case of sale under mortgage signed and exe- 
cuted by herself and husband she shall have a right of dower 
in the surplus. Equitable estates shall be subject to the wid- 
ow's dower, and all estates of whatever description, contracted 
by the husband during his lifetime, the title to which may be 
complete after his decease. 

Any married man residing and owning real property in this 
state, whose wife has never been in the state or territory of 
Montana, can by deed or mortgage, or other conveyance, grant 
the title to such property by his own signature, and the wife or 
widow shall have no dower interest in the property to which 
the husband is so divested. 

No estate is allowed the husband as tenant by courtesy upon 
the death of the wife. 

DISTRIBUTION OF PROPERTY BY WILL. 

Every person of sound mind over the age of i8 years, may 
by last will dispose of his estate, both real and personal. Every 
will other than nuncupative will must be in writing; and every 
will other than a nuncupative will and a holographic will, 
must be attested and executed as follows : It must be sub- 
scribed at the end thereof by the testator himself, or some 
person in his presence and by his direction must subscribe 
thereto. The subscription must be made in the presence of 
attesting witnesses, or be acknowledged by the testator to 
them, to have been made by him or his authority. The testator 
must, at the time of subscribing or acknowledging the same, 
declare to the attesting witnesses that the instrument is his 
will ; and there must be two attesting witnesses, each of whom 
must sign as a witness, at the end of the will, at the testator's 
request and in his presence. 

A holographic will is one that is entirely written, dated, and 
signed by the hand of the testator himself. It is subject to no 
other requirement as to form, and may be made in or out of 
this state, and need not be witnessed. 



AND FIRE INSURANCE. 573 

A nuncupative will is not required to be written, nor to be 
declared or attested within any formalities. To make a nun- 
cupative will valid, and to entitle it to be admitted to probate, 
the following requisites must be observed: i. The estate be- 
queathed must not exceed in value the sum of $i,ooo. 2. It 
must be proved by two witnesses who were present at the 
making thereof, one of whom was asked by the testator at 
the time to bear witness that such was his will, or to that 
effect. The decedent must at the time, have been in active 
military service in the field, or so doing on shipboard at 
sea, and in either case in actual contemplation, fear, or peril 
of death ; or the decedent must have been at the time, in ex- 
pectation of immediate death from injury received the same 
day. 

No proof must be received of any nuncupative will, unless it 
is offered within six months after speaking the testamentary 
words, nor unless the words or the substance thereof, were 
reduced to writing, within thirty clays after they were spoken, 
and it cannot be probated for 14 days after the testamentary 
words were spoken. 

If, after having made a will, the testator marries, and has 
issue of such marriage, born in his lifetime or after his death, 
and the wife or issue survives him, the will is revoked, unless 
provision is made for such issue by some settlement, or unless 
such issue are provided for in the will, or in such way men- 
tioned therein as to show an intention not to make such pro- 
vision ; and no other evidence to rebut the presumption of 
such revocation can be received. If, after making a will, the 
testator marries, and the wife survives the testator, the will 
is revoked, unless provision has been made for by marriage 
contract, or unless she is provided for in the will, or in such 
way mentioned therein as to show an intention not to make 
such provision ; and no other evidence to rebut the presump- 
tion of revocation must be received. 

A will made by a married woman is revoked by her subse- 
quent marriage, and is not revived by the death of the hus- 



574 INSTRUCTION IN REAL ESTATE 

band. Whenever a testator has a child born after the making 
of his will, either in his lifetime or after his death, and dies 
leaving such child unprovided for by any settlement, and nei- 
ther provided for nor in any way mentioned in his will, the 
child succeeds to the same portion of the testator's real and 
personal property that he would have succeeded to if the tes- 
tator had died intestate. 

The term "heirs" or other words of inheritance, are not 
requisite to devise a fee and a devise of real property passes 
all the estate of the testator, unless otherwise limited. 

An action to establish a will must be brought in five years. 
Where a will is lost or destroyed or canceled, the cause of ac- 
tion is not deemed to have accrued, until the discovery, by the 
plaintiff, or the person under whom he claims, of the facts 
upon which its validity depends. 

NOTARY PUBLIC. 
Applicant must be a citizen of the state and a resident of 
the county. Application should be made to the Secretary of 
State, who will notify when to appear and take oath of office. 
Appointment is made by the Governor. Term of office, three 
years. Fee, $5.00. A bond for $1,000 is required. Fees: 
Protesting, $1 ; "notice of protest,, $1 ; taking acknowledgment, 
$1 ; administering an oath, 25 cents. 

LAW CONCERNING ACKNOWLEDGMENT TAKEN 
OUTSIDE THE STATE. 
Acknowledgments of every conveyance affecting real es- 
tate may be taken without this state and within the United 
States by any notary public or by any court of the United 
States or of any state or territory having a seal, or the clerk 
of any such court, or any commissioner appointed by the 
governor of this state to take the acknowledgment of deeds; 
without the United States, by any court having a seal, by the 
chief officer of any city or town having an official seal or by 
any consular officer of the United States or notary public. 



AND FIRE INSURANCE. 575 

NEBRASKA. 
STATUTE LAWS RELATING TO DEEDS. 
If a deed be not recorded within ninety days from its date 
(or six months if executed out of state) a subsequent pur- 
chaser or mortgagee for value, without notice of the previous 
transfer will have preference to the first purchaser, if his deed 
be recorded. They are valid without witnesses, but two are 
usual. They must be under seal, but a scroll seal is sufficient. 

STATUTE LAW RELATING TO MARRIED WOMEN. 

A married woman has the same right and power concerning 
property and to contract, sue and be sued, as if unmarried, but 
a mortgage or conveyance of her realty is void unless her hus- 
band joins therein, and she cannot be legally bound as surety, 
guarantor or accommodation endorser, but she may not sue 
her husband except for divorce or to protect her separate prop- 
erty when he has deserted and separated himself from her 
without sufficient cause, or neglected or refused to support 
her, nor may he sue her except under like circumstances ex- 
cluding the. matter of support. If a wife be insane, by proper 
proceedings in court and giving security, the husband may 
have her estate placed in his care. If a wife do not join in a 
deed for her husband's realty and he die first she will have 
dower therein (one-third for life). 

The husband is liable for the support of his family, but if 
the wife order necessaries for the family, both may be sued 
and collection enforced against the wife's property if the hus- 
band does not have sufficient. 

WARRANTY DEED. 

This indenture made this day of A. D., 19. . . , 

between of of the first part, and of of 

of the second part : 

Witnesseth : That the said part. . of the first part, in con- 
sideration of the sum of and dollars, to 

duly paid, ha., sold, and by these presents do... grant and 
convey to the said part. . . of the second part, heirs and 



576 INSTRUCTION IN REAL ESTATE 

assigns, all that tract or parcel of land situated in the county 

of and state of Nebraska, and described as follows, to 

wit : with the appurtenances and all the estate, title and 

interest of the said part. . . of the first part therein. And the 
said part. . . of the first part do. . . hereby covenant and agree 

that at the delivery hereof the lawful owner. , . of the 

premises above granted, and seized of a good and indefeasible 
estate of inheritance therein free and clear of all incumbrances 

and that will warrant and defend the same in 

the quiet and peaceable possession to the said part. . . of 

il*ie second part, heirs and assigns, forever, against all 

persons lawfully claiming the same 

In witness whereof, the said parties of the first part have 
hereunto set their hands and seals, the day and year first 
above written. 

J. J. (seal.) 
Mary J. (seal.) 

Signed, sealed and delivered in the presence of 
E. A. 
R. M. 
State of Nebraska, County of ss : 

Be it remembered, that on the day of 19- ., 

before the undersigned, a in and for said county 

duly commissioned, personally came to me 

known to be the identical person. . described in and who exe- 
cuted the foregoing deed as grantor and acknowledged said 
instrument to be voluntary act and deed. 

Witness my hand and official seal the day and year last 
above written. 

(Name and official character.) 



MORTGAGE FORM. 

This indenture witnesseth that A. B., of party of the 

first part, (if the mortgage is that of a married man and the 
wife joins, as is commonly the case, to extinguish her dower 



AND FIRE INSURANCE. 577 

or Other rights, insert "and Mary B., his wife" and make other 
corresponding changes below. If the land mortgaged belongs 

to a married woman insert "and , her husband", and 

make other necessary changes below), in consideration of 

dollars to him paid by C. D., party of the second part, 

the receipt whereof is hereby acknowledged, does hereby 
give, grant, bargain, sell, release, convey and confirm to the 
said C. D., his heirs (''successors" instead of ''heirs" if mort- 
gage is to a corporation) and assigns forever the following 

described premises, situate in the of county of 

and state of , (describe it so that it may be ac- 
curately identified) and all the right, title and interest of the 
said A. B. either in law or equity, in and to the said premises ; 
together with all the appurtenances to the same belonging. 
To have and to hold the same unto the said C. D., his heirs 
and assigns forever, and the said A. B., for himself and his 
heirs, executors and administrators, hereby covenants with 
the said C. D., his heirs and assigns that he, the said A. B., is 
lawfully seized of the said premises, in fee simple, and has 
full right and power to convey the same, that the title and 
premises so conveyed are clear and unincumbered; (if there 
are any exceptions to this state them) and further, that he will 
warrant and defend the same against all claim or claims of 
all persons whomsoever. Provided, nevertheless, that whereas 
the said A. B., has executed and delivered unto the said C. D., 
a certain (bond, promissory note, or as the case may be) bear- 
ing even date herewith (then proceed to further describe it 
so that it may be identified with certainty, or, if short, a copy 
so that it may be identified with certainty, or, if short, a copy 
copy). 

Now if the said A. B., his heirs, executors, administrators 

or assigns shall pay said debt or sum of dollars and 

interest which shall accrue thereon to the said C. D., his heirs 
or assigns, according to the tenor thereof, then this mortgage 
shall be void. 

In witness thereof, the said A. B has hereunto set 



5/8 INSTRUCTION IN REAL ESTATE 

his hand and seal this day of ...... in the year of our 

Lord 

A. B. (seal.) 
Signed and acknowledged in presence of 
E. F. 
G. H. 

State of Nebraska, County of ss : 

Be it remembered, that on the day of IQ- • -, 

before the undersigned a in and for said county 

duly commissioned, personally came to me known to 

be the identical person described in and who executed the fore- 
going deed as grantor and acknowledged said instrument to 

be voluntary act and deed. 

Witness my hand and official seal the day and year last above 
written. 

(Name and official character.) 



Note. — If taken before a notary public add "My commission 
expires , 19. . ." 

RELEASE OF MORTGAGE. 

In consideration of the payment of the debt named therein, 

I do hereby release the mortgage made by to 

and which is recorded in Book of Mortgages, page 

of the records of Gage county, Nebraska, covering 

the (state what). 

Witness my hand this day of 19 



In presence of 



STATUTE LAW RELATING TO CHATTEL MORT- 
GAGES. 
Chattel mortgage need not be acknowledged, but it or a 
copy must be filed with county clerk where mortgagor resides 
— if non-resident, then where property situated. Cease to be 
valid against creditors five years after date of filing unless 



AND FIRE INSURANCE. 579 

re-executed and re-filed. Foreclosed by taking possession, ad- 
vertising saJe twenty days and selling; if contains power in 
mortgagor to sell, void as against creditors ; unaccompanied 
by actual and continued change of possession, it is prima facie 
fraudulent as to creditors but bona fides may be established. 
It is felony to sell mortgaged chattels without the written 
consent of mortgagee ; also felony to remove chattels from 
county with intent to defraud. 

CHATTEL MORTGAGE. 

Know all men by these presents, that residing in 

county of state of party of the first part, 

being justly indebted to residing in, party of the sec- 
ond part, in the sum of dollars, which is hereby con- 
fessed and acknowledged, has, for the purpose of securing 
the payment of said debt, granted, bargained, sold and mort- 
gaged, and by these presents does grant, bargain, sell and 
mortgage unto the said party of the second part, his heirs and 
assigns, all that certain personal property described as follows, 
to wit: (Describe it and state where it is and in whose pos- 
session), all of which property the party of the first part cov- 
enants is free and clear from all liens and encumbrances, (here 
mention Exemptions, if any) and the said party of the first 
part for himself, his heirs and assigns, all and singular, tlie 
goods, chattels and personal property above bargained and 
sold, unto the said party of the second part, his heirs and as- 
signs, against him the said party of the first part, and against 
all and every other person or persons, whomsoever, shall and 
will warrant and forever defend. 

To have and to hold, all and singular said goods, and chat- 
tels, unto the said party of the second part, his heirs and as- 
signs, forever; provided, always, and these presents are upon 
this express condition : That if the said party of the first part 
shall pay or cause to be paid unto the said party of the second 

part, his heirs or assigns, the sum of dollars, according 

to the conditions of two (or as the case may be) certain prom- 
issory notes, executed by payable to at 



5^0 INSTRUCTION IN REAL ESTATE 

viz : $ dated due with interest at 

per cent, per annum, until paid (or omitting all after "prom- 
issory notes" and inserting "of which the following are cop- 
ies" and then insert copies, or if the indebtedness is not rep- 
resented by promissory notes its character may be otherwise 
indicated). Then these presents to be void and of no effect. 
And the said mortgagor doth hereby covenant and agree 
to and with the said mortgagee, that in the case of default 
made in the payment of the above mentioned promissiory note, 
or in case of the mortgagor attempting to dispose of or remove 

from said county of the aforesaid goods and chattels, 

or any part thereof, or if at any time the said mortgagee, or 
his assigns, should feel unsafe or insecure, then, and in that 
case, it shall be lawful for the said mortgagee, or his assigns 
by himself or agent, to take immediate possession of said 
goods and chattels wherever found, the possession of these 
presents being sufficient authority therefor, and to sell the 
same at public or private sale or as much thereof as shall be 
sufficient to pay the amount due or to become due, as the case 
may be, with all reasonable costs pertaining to the taking, 
keeping, advertising and selling of the said property, the money 
remaining after paying said sums, if any, to be paid on demand 
to said party of the first part. 

Said sale to take place at in the county of 

and state of Nebraska, or at any other place within said 
county, that said mortgagee, or his assigns may appoint, after 
giving at least twenty days' notice of such sale by advertising 
in some newspaper printed in the county in which such sale 
is to take place, or in case no newspapers are printed therein, 
by posting notice in at least five public places in said county, 
two of which shall be in the precinct where the mortgaged 
property is to be offered for sale. And the said mortgagor 
hereby expressly authorizes the said mortgagee or his as- 
signs, in case he may so desire, to become purchaser of said 
property at such sale. 

And the mortgagee hereby authorizes the person conducting 



AND FIRE INSURANCE. 581 

the sale to adjourn the same, if deemed in his. opinion nec- 
essary, from time to time, until said property be sold, and to 
^'ivQ a bill of sale to the purchaser thereof, which shall be 
conclusive as to the regularity of all the proceedings connected 
therewith, and to convey absolutely all his said mortgagee's 
right and title therein. If from any cause said property shall 
fail to satisfy said debt, interest and charges, said mortgagor 
covenants and agrees to pay the deficiency. 

In witness whereof the said party of the first part hereunto 
sets his hand and seal this day of , A. D., 19. . . 

Witness, ' (seal.) 



STATUTE LAW RELATINCx TO BILLS OF SALE. 

Bill of sale of personalty is good between the parties thereto, 
Does not have to be recorded or acknowledged. Is void as to 
creditors or purchasers, where seller remains in possession. 



BILL OF SALE FORM. 

Know all men, by these presents, that I, A. B., of , in 

consideration of the sum of dollars to me in hand paid 

by C. D.of the same place, at and before the ensealing and deliv- 
ering of these presents, the receipt whereof I do hereby ac- 
knowledge, (or if the consideration be dififerent state it), have 
bargained, sold, released, granted, and confirmed, and by these 
presents, do bargain, sell, release, grant, and confirm, unto 
the said C. D., all the following goods, household stufif, and 
implements of household, (or as the case may be) (here des- 
cribe each article so it can be identified) now remaining and 
being (mention where the are) to have and to hold all and 
singular the said goods and chattels, etc., and every one of 
them, by these presents bargained, sold, released, granted, and 
confirmed, unto the said C. D., his heirs, executors, adminis- 
trators, and assigns, to his and their only proper use and be- 
half forever. 



582 INSTRUCTION IN REAL ESTATE 

Witness my hand and seal, this fourth day of A. D., 

19... 

Signed, sealed and delivered in presence of 
E. G. 
A. R. 

A. B. (seal.) 

STATUTE LAWS RELATING TO LANDLORD AND 

TENANT. 
The relation is created by contract; unless embodied in the 
contract to the contrary, landlord's rights are confined to the 
protection of his interest. Landlord cannot distrain for rent. 
Three days' notice to quit required when lease is for one year 
or any definite period. Six months' notice reuired where ten- 
ancy is from year to year. When tenant for one year holds 
over and is recognized as a tenant, he is considered a tenant 
from year to year. Tenants sowing crops that mature after 
termination of lease have right to harvest same. 

LEASE FORM. 

This indenture, made the day of in the year 

of our Lord one thousand nine hundred and , between 

A. B., of of the first part, and C. D., of of the 

second part, witnesseth : That the said A. B., for and in con- 
sideration of the yearly rent and covenants hereinafter men- 
tioned and reserved, on the part and behalf of the said C. D., 
his executors, administrators and assigns, to be paid, kept, and 
performed, hath demised, granted, and leased, unto the said 
C. D., his executors, administrators, and assigns, all that mes- 
suage and lot of ground, situate, lying and being in the 

aforesaid, bounded northward, &c., (here describe the prem- 
ises) together with all and singular buildings and appurte- 
nances thereunto belonging. To have and to hold the said 
messuage and lot of ground, and all and singular the premises 
hereby demised, with the appurtenances, unto the said C. D., 

his executors, administrators, and assigns, from the 

day of next ensuing the date hereof, for and during 



AND PIRE INSURANCE. 583 

the term of' years thence next ended ; yielding and pay- 
ing for the same unto the said A. B., his executors, adminis- 
trators, and assigns, the yearly rent or sum of dollars, 

in four equal quarterly payments (or as the case may be) of 

dollars each, the first of which to be made on the 

day of next. 

And the said C. D., for himself, his heirs, executors, and 
administrators, doth covenant, promise, and agree to and with 
the said A. B., his heirs, executors, administrators, and as- 
signs, by these presents, that he, the said C. D., his heirs, ex- 
ecutors, and administrators, shall and will well and truly pay 
or cause to be paid unto the said A. B., his heirs, executors, 

administrators, or assigns, the said yearly rent of 

dollars, hereby reserved, on the several days and times 
hereinbefore mentioned and appointed for the payment 
thereof, according to the true intent and meaning of 
these presents. And the said A. B., for himself, his heirs, 
executors, and administrators, doth covenant, promise, and 
agree to and with the said C. D., his heirs, executors, admin- 
istrators, and assigns by these presents that he, the said 
C. D., his executors, administrators, and assigns, (paying the 
rent and performing the covenant aforesaid), shall and may 
peaceably and quietly have, hold, use, occupy, possess and en- 
joy the said demised premises, with the appurtenances, during 
the term aforesaid, without the lawful act, let, suit, trouble, 
eviction, molestation or interruption of the said A. B., his heirs 
or assigns, or any other person or persons whatsoever. 

And said lessor covenants with said lessee, that upon the 
non payment of the whole or any portion of the said rent at 
the time when the same is above promised to be paid, the said 

lessor may, at election, either distrain for said rent 

due, or to become due, or declare this lease at an end, and 
recover possession as if the same was held by forcible de- 
tainer, the said party of the second part hereby waiving any 
notice of such election, or any demand for the possession of 
said 



584 INSTRUCTION IN REAL ESTATE 

And it is further covenanted and agreed, that in considera- 
tion of the sum above named the said party of the second part 
hereby grants, bargains, sells, and conveys unto the party of 
the first part the following goods and chattels, to wit: To 
have and to hold the same forever, and the party of the second 
part hereby warrants the title to said property, that the same 
is clear of all incumbrances ; to be void only upon condition 
that said rent is paid as above specified. 

Witness the hands and seals of the said parties the day and 
year first above written. 

A. B. (seal.) 
C. D. (seal.) 
Signed, sealed and delivered in presence of 
E. F. 
G. H. 
Note. — Though leases are not usually recorded in Nebraska, 
yet if for more than a year they must be acknowledged. If for 
less than a year they need not be acknowledged unless they 
are to be recorded. 

EXEMPTION AND HOMESTEAD LAWS. 
Homestead, $2,000 value, on not exceeding 160 acres land 
or two lots in city or village, or in lieu thereof personal prop- 
erty value $500; in addition, Bible, pictures, school books, li- 
brary, pew, burial lot, wearing apparel, beds, stoves and other 
household furniture not exceeding $100. Farmer: One cow, 
three hogs, and all pigs under six months' old; and if the 
debtor at thq time be actually engaged in agriculture, in ad- 
dition to the above, one yoke oxen or pair horses, ten sheep, 
wool, food for stock for three months, wagon, cart or diay, 
two plows, drag, gearing for team and other farming imple- 
ments not exceeding $50; provisions and fuel for six months; 
tools and instruments of any mechanic ; library and implements 
of professional men ; wages of laborers, mechanics, clerks and 
heads of families earned within last sixty days. No exemption 
on judgments for work and labor or against attornews for 
money collected. 



AND FIRE INSURANCE. 585 

STATUTE LAW RELATING TO FENCES. 

Owners of adjoining lands are not required to build division 
fences. Should either desire a fence however, he may build 
such division fence and the cost of same shall be paid by both 
parties. 

Lawful fences shall consist of at least six rails secured by 
stakes ; three boards, one inch by five, secured to posts not 
less than eight feet apart, or at least four wires, number nine 
or larger, secured to posts not less than one rod apart. 

STATUTE LAW RELATING TO LIMITATION. 
Ten years : Title or possession of real property ; real estate 
mortgages. A Hen on real estate five years, may be revived 
by execution. Four years : Contract not in writing : liability 
not created by statute except penalty or forfeiture ; trespass 
on real property; injury to or recovery of personal property; 
for relief on ground of fraud (after discovery) ; for all other 
relief not otherwise limited. 

STATUTE LAW RELATING TO IRRIGATION. 
The state board of irrigation is composed of the governor, 
attorney-general and commissioner of public lands and build- 
ings. Application must be made to said board for privilege 
of establishing irrigation ditches or canals. Lands may be 
condemned to provide right of way. Unappropriated waters 
shall never be denied for irrigation purposes. Application for 
same are granted in order of their priority. All irrigation 
works are exempt from taxation. 

CLAIM FOR THE WATERS OF TFIE STATE OF 
NEBRASKA. 

Claim No. . . . Priority, No. . . . Water division. No 

District, No. . . . 

I, of the county of state of 

being duly sworn, upon my oath say : 

I. That the name of the claimant is postoffice ad- 
dress, No. . . . street, county 



586 INSTRUCTION IN REAL ESTATE 

2. That the water is claimed for the purpose of 

3. That the name adopted for the ditch or canal is 

4. That the source of the appropriation claimed is ...... 

5. That the amount of the appropriation claimed is 

cubic feet per second of time. 

6. That the headgate is located on the bank of the 

stream, in of section , township , range 

of the principal meridian. 

7. That the said ditch or canal, miles in length, 

passes through the following sections of land, as shown on the 
accompanying township plat, viz.; (Describe each section 
through which canal passes, stating township and range.) 

(a) That the portion of said ditch or canal, miles in 

length, indicated on said plats by a black line, is completed. 

(b) That the portion of said ditch or canal, miles in 

length, indicated on said plats by a red line, is not completed. 

8. That the dimensions of said ditch or canal are (and will 
be for the uncompleted portions) as follows : Head gate- width 

in clear feet ; depth of water on floor at low water .... 

feet. 

9. That the total excavation amount to cubic yards 

of material, consisting of and that the total length of 

fluming required is feet. 

(a) That the material thus far removed amounts to 

cubic yards. 

(b) That the fluming completed amounts to feet. 

10. That the estimated cost of said ditch or canal is as 

follows : Earthwork,$ : fluming, $ : head gate 

$ : other expenses, $ ; total, $ 

11. That it is the intention that the said ditch or canal 
shall supply water to irrigate the following sections or quarter 
sections of land, viz.: (Give sections and quarter sections, 
stating number, township, and range) amounting in all to 
acres. 

12. That the actual work of excavation and construction 
was begun on the day of , 19. . . ; and the works 



AND FIRE INSURANCE. 587 

completed, and the appropriation perfected on or be- 
fore the day of 19. . . 

(a) That this claim is made under and by virtue of rights 
deemed to have been acquired by 

(b) That water turned into said ditch or canal on or 

before the day of 19. . . 

13. That the time estimated as necessary to provide for the 
application of the amount of water herein claimed to the bene- 
ficial use above stated is years from April 4. 

(a) That there were acres of crops actually irrigated 

from said ditch or canal during 19. . . 

14. That the relation which the subscriber to this affidavit 

bears to said ditch or canal, on other works, is that of 

and that he is authorized to make this affidavit in behalf of 
the interests afYected. 



State of , County of , ss : 

I hereby certify that the foregoing claim was signed in my 

presence and sworn to before me by this day of 

I9--- 



Notary Public. 

State of Nebraska, Office State Board of IrriQ-ation, ss : 

This instrument was filed for record at ...... 10 o'clock 

.... noon, on the day of , 19. . . , and duly re- 
corded in book of the record of claims for appropria- 
tions, on page .... 



State Engineer, Secretary. 

DECEDENT'S DEBTS. 
Order of preference : 

1. Funeral expenses. 

2. The expenses of the last sickness. 

3. Debts having a preference by the laws of the United 
States. 



5^8 INSTRUCTION IN REAL ESTATE 

4. Debts due to other creditors, except when the value of 
the whole estate, exclusive of the furniture and other personal 
property allowed to the widow shall not exceed five hundred 
dollars, and shall be assigned for the support of the widow 
and children. 

5. As against real estate, however, liens, such as judgments 
and mortgages take preference to any of the above. Pay- 
ment cannot be enforced until after a year from granting of 
letters. As against realty, general creditors must take steps 
to collect or further secure their claims within two years, and 
judgment creditors within five years, after the death of the 
decedent or they will be lost. 

STATUTE LAW RELATING TO DESCENT AND 
DISTRIBUTION WHEN NO WILL IS LEFT. 

Distribution of the estate of intestates : 

1. The surviving husband, or wife, if any, and if there be 
no surviving husband or wife, then the heir or heirs at law 
of the deceased are entitled to all articles of apparel and orna- 
ments and all the wearing apparel and ornaments and house- 
hold furniture of the deceased and all property and arti- 
cles that was or Avere exempt (see Exemption) to the 
deceased at the time of his or her death from levy or sale 
upon execution or attachment and other personal property 
to be selected by her, him, or them, not exceeding $200, and 
this allowance shall be made to such surviving husband 
or wife or heir or heirs at law as well when he or she or 
they shall receive provision made in the will of the de- 
ceased as when the deceased dies intestate. 

2. The widow and children constituting the faniily of 
the deceased shall have such reasonable allowance out of 
the personal es'tate or income of real estate as the court of 
probate may judge necessary for their maintenance during 
the progress of the settlement of the estate, according to 
tlieir circumstances, Avhicli in case of insolvent estate shall 
not to ])c louLicr tb.an one \car after erantine administration 



AND FIRE INSURANCE. 589 

— nor after the dower and personal estate shall be as- 
signed to the widow. When personal estate and income 
from real estate shall be sufficient to meet the allowances 
made, the same shall be deemed a debt against the estate 
— such debt takes preference for payment next after debt 
due this state and before claims of general creditors. 

3. When a person shall die leaving children under the 
age of fourteen years, having no mother, or when the 
mother shall die before the children shall arrive at the age 
of fourteen, an allowance shall be made for the necessary 
maintenance of such children until they arrive at the age 
of fourteen, out of such part of the personal estate and the 
income of such part of the real estate as would have been 
assigned to their mother had she been living. 

4. If on the return of the inventory of any estate it 
shall appear that the value of the salable estate does not 
exceed $500, the probate court may assign the whole of 
such estate to the use and support of the widow and 
children, or if no widow, the children of such intestate, 
after paying funeral expenses, and the costs of adminis- 
tration. 

5. If the personal estate shall amount to more than 
$500 and more than the allowance mentioned above, the 
same shall be applied to the payment of the debts of the 
deceased. 

6. The residue, if any, of the personal estate shall be 
distributed in the same proportions, to the same persons 
and for the same purposes as prescribed for the descent 
and disposition of the real estate, except that the Avidow 
or widower, if any, shall be entitled to receive the same 
share of such residue, as a child of the intestate would be 
entitled to. 

DESCENT OF REAL PROPERTY. 
I. It shall descend in equal shares to the children and 
to the lawful issue of any deceased child. If there be no 
child living at decedent's death^ his estate shall descend 



590 INSTRUCTION IN REAL ESTATE 

to all his other lineal descendants, and if the descendants 
are in the same degree of kindred to the intestate they 
shall have the estate equally. Otherwise they take ac- 
cording to the right of representation. 

2. If he have no issue his estate shall descend to his 
widow during her lifetime, and after her death to his 
father. 

3. If he have no issue nor widow nor father his estate 
shall descend in equal shares to his brothers and sisters 
and to the children of any deceased brother or sister. If 
he have a mother also, she shall take an equal share with 
his brothers and sisters. 

4. Those of equal degree of consanguinity share equally 
and the nearest of kin take to the absolute exclusion of the 
more remote. 

DISTRIBUTION OF PROPERTY BY WILL. 

Every person of sound mind 21 years old may dispose 
of his or her real or personal estate by will in writing, 
which unless the person making the same shall be pre- 
vented by the extremity of his last sickness, shall be signed 
at the end thereof by himself or by some person in his 
presence by his express direction. The will must be 
proved by the oaths or afifirmations of two or more com- 
petent witnesses. If there are no subscribing witnesses 
proof of the testator's signature by witnesses, who are 
acquainted therewith, will be sufficient. A testator may 
sign by making his sign or cross. Growing crops in lands 
held by a widow in dower or by other life tenant may be 
disposed of by will as other personalty, also rents and 
other periodical payments accrued to a life tenant or to 
any person entitled under laws regulating the descent and 
partition of real estate. 

Personal estate may be bequeathed by nuncupative will 
made during the last sickness in the testator's habitation 
or dwelling or where he has resided for 10 days or more 
next before the making of such will, also in case he be 



AND FIRE INSURANCE. 591 

surprised by sickness while away from his own house and 
shall die before returning thereto, but where the sum or 
value so bequeathed exceeds $ioo it shall be proved that 
the testator at the time of pronouncing the bequest did 
bid the persons present or some of them to bear witness 
that such was his will or to that effect ; and in all cases 
the foregoing requisites shall be proved by two or more 
witnesses who were present at the making of the will. 

A devise of real estate to a person without referring to 
his heirs or using words of inheritance or perpetuity passes 
all the estate of the testator therein, unless a contrary in- 
tent appear. The real estate acquired by a testator, after 
making his will, shall pass by a general devise, unless a 
contrary intention be manifest on the face of the will. If 
there be a devise or legacy in favor of a child or other 
lineal descendant, or where there is no lineal descendant, 
in favor of a brother or sister or the children of a deceased 
brother or sister, it shall not lapse or become void by rea- 
son of the devisee or legatee dying in the lifetime of the 
testator, provided that such devisee or legatee leave issue sur- 
viving the testator, and in such case the issue will take the 
devise or legacy. If any person make a last will and testa- 
ment, and afterwards marry or have a child or children 
not provided for in such will, and die, such widow or child 
shall share in his estate as if no will had been made whether 
such child be born before or after his death. 

NOTARY PUBLIC. 

Applicant must be a resident of county for which ap- 
pointment is made. Women are eligible. Appointment is 
made by the Governor upon petition of twenty-five legal 
voters of the county. Term of office, six years. Fee $3. 
A bond for $2000 is required. Fees — Protest $1.00; re- 
cording same 50 cents ; notice of protest 25 cents ; taking 
acknowledgment 50 cents ; administering oath 10 cents. 



592 INSTRUCTION IN REAL ESTATE 

LAW CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 
Acknowledgments of deeds, mortgages and other in- 
struments, if made before a judge or clerk of any court, 
justice of the peace or notary public, if made out of the 
state or territory, can be made either according to the laAvs 
of the state or territory where made or in accordance with 
the laws of this state. 

NEVADA. 
STATUTE LAW RELATING TO DEEDS. 
A subsequent purchaser or mortgagee for value, not 
knowing of the previous transfer will have preference to 
the first purchaser, if his deed or mortgage be first re- 
corded. They are valid without witnesses, but two are 
usual. They must be under seal, but a scroll seal is suf- 
ficient. No limit as to time for recording. 

STATUTE LAW RELATING TO MARRIED 
WOMEN. 

A married woman has the same right and power con- 
cerning property and to contract, sue and be sued, as if 
unmarried, but a mortgage or conveyance of her realty is 
void unless her husband join therein, and she cannot be 
legally bound as surety, guarantor or accommodation en- 
dorser, but she may not sue her husband except for 
divorce or to protect her separate property when he has 
deserted and separated himself from her without sufficient 
cause, or neglected or refused to support her, nor may he 
sue her except under like circumstances excluding the 
matter of support. If a wife be insane, by proper proceed- 
ings in court and giving security, the husband may have 
her estate placed in his care. If a wife do not join in a deed 
for her husband's realty and he die first she will have 
dower therein (one-third for life.) 

The husband is liable for the support of his family, but if 
the wife order necessaries for the family, both may be sued 



AND FIRE INSURANCE. 593 

and collection enforced against the wife's property if the 
husband do not have sufficient. 

WARRANTY DEED. 

This indenture made the day of . in the 

year of our Lord one thousand nine hundred and 

between J. J., of the city of in the state of , 

and Alary, his wife, parties of the first part, and W. B., of 

, and state aforesaid, of the second part ; witnesseth, 

that the said parties of the first part, for and in considera- 
tion of the sum of dollars, lawful money of the 

United States of America, to them in hand paid by the 
said party of the second part, at and before the ensealing 
and delivery hereof, the receipt whereof they do hereby 

confess and acknowledge, do by these presents, 

grant, bargain and sell, convey and confirm, unto the said 

party of the second part, and to heirs and assigns 

forever, all the certain lot, piece or parcel of land, situate, 

lying and being in the county of , state 

of Nevada, and bounded and particularly described as fol- 
lows to wit : 

Together with all and singular the tenements, heredita- 
ments and appurtenances thereunto belonging or in any- 
wise appertaining, and the reversion and reversions, re- 
mainder and remainders, rents, issues and profits thereof. 

To have and to hold all and singular the said premises, 
together with the appurtenances unto the said part. . of 
the second part, and to heirs and assigns for- 
ever 

In witness whereof, the said parties of the first part have 
hereunto set their hands and seals, the day and year first 
above written. 

J. J. (seal.) 
MARY J. (seal.) 

Signed, sealed and delivered in the presence of , 
E. A. 
R. J\I. 



594 INSTRUCTION IN REAL ESTATE 

State of Nevada, County of 

On this day of , A. D., , personally 

appeared before me, a notary public ( or judge, or other 
officer, as the case may be), in and for said county, A. B., 
known to me to be the person described in and who ex- 
ecuted the foregoing instrument, who acknowledged to me 

that executed the same freely and voluntarily 

and for the uses and purposes therein mentioned. 

(Name and official character.) 



MORTGAGE FORM. 

This indenture witnesseth that A. B., of party 

of the first part, (if the mortgage is that of a married man 
and the wife joins, as is commonly the case, to extinguish 
her dower or other rights, insert "and Mary B., his wife" 
and make other corresponding changes below. If the land 

mortgaged belongs to a married woman insert "and , 

her husband," and make other necessary changes below,) 

in consideration of dollars to him paid by C. D., 

party of the second part, the receipt whereof is hereby 
acknowledged, does hereby give, grant, bargain, sell, re- 
lease, convey and confirm to the said C. D., his heirs 
("successors" instead of "heirs" if mortgage is to a cor- 
poration) and assigns forever the following described 

premises, situate in the of county of 

and state of , (describe it so that it may 

be accurately identified) and all the right, title and interest 
of the said A. B. either in law or equity, in and to the said 
premises; together with all the appurtenances to the same 
belonging. To have and to hold the same unto the said 
C. D., his heirs and assigns forever, and the said A. B., for 
himself and his heirs, executors and administrators, hereby 
covenants with the said C. D., his heirs and assigns that 
he, the said A. B., is lawfully seized of the said premises, 
in fee simple, and has full right and power to convey the 



AND FIRE INSURANCE. 595 

same, that the title and premises so conveyed are clear and 
unincumbered; (if there are any exceptions to this state 
them) and further, that he will warrant and defend the 
same against all claim or claims of all persons whomso- 
ever. Provided, nevertheless, that whereas the said A. B., 
has executed and delivered unto the said C. D., a certain 
(bond, promissory note, or as the case may be) bearing 
even date herewith (then proceed to further describe it so 
that it may be identified with certainty, or, if short, a copy 
of it may be here inserted, the fact being stated that it is a 
copy.) 

Now if the said A. B., his heirs, executors, administra- 
tors or assigns shall pay said debt or sum of 

dollars and interest which shall accrue thereon to the said 
C. D., his heirs or assigns, according to the tenor thereof, 
then this mortgage shall be void. 

In witness thereof, the said A. B has hereunto 

set his hand and seal this day of in the 

year of our Lord 

A. B. (seal.) 

Signed and acknowledged in presence of 
E. F. 
G. H. 
State of Nevada, County of 

On this , day of , A. D., . . . ., person- 
ally appeared before me, a notary public (or judge, or other 
ofiicer, as the case may be, in and for said county, A. B., 
known to me to be the person described in and who executed 
the foregoing instrument, who acknowledged to me that 
he executed the same freely and voluntarily and for the 
uses and purposes therein mentioned. 

(Name and official character.) 



CHATTEL MORTGAGE. 

Know all men by these presents, that residing 

in county of state of , party of 



596 INSTRUCTION IN REAL ESTATE 

the first part, being justly indebted to , residing 

in , party of the second part, in the sum of 

dollars, which is hereby confessed and acknowledged, has, 
for the purpose of securing the payment of said debt, 
granted, bargained, sold and mortgaged, and by these pres- 
ents does grant, bargain, sell and mortgage unto the said 
party of the second part, his heirs, executors, administra- 
tors and assigns, all that certain personal property de- 
scribed as folloAvs, to wit: (Describe it and state where it 
is and in whose possession), all of which property the 
party of the first part covenants is free and clear from all 
liens and encumbrances, (here mention Exemptions, if 
any) and the said party of the first part for himself, his 
heirs, executors, and administrators, all and singular, the 
goods, chattels and personal property above bargained and 
sold, unto the said party of the second part, his executors, 
administrators and assigns, against him the said party of 
the first part, and against all and every other person or 
persons, Avhomsoever, shall and will warrant and forever 
defend. 

To have and to hold, all and singular said goods, and 
chattels, unto the said party of the second part, his heirs, 
executors, administrators and assigns, forever ; provided, 
always, and these presents are upon this express con- 
dition: That if the said party of the first part shall pay or 
cause to be paid unto the said party of the second part, his 

heirs or assigns, the sum of dollars, according to 

the conditions of two (or as the case may be) certain pro- 
missory notes, executed by payable to 

at viz. $ dated due 

with interest at per cent, per annum, until paid 

(or omitting all after ''promissory notes" and inserting ''of 
which the following are copies" and then insert copies, or 
if the indebtedness is not represented by promissory notes, 
its character may be otherwise indicated.) Then these 
presents to be void and of no efifect. And as long as the 
conditions of this mortgage are fulfilled, the said party of 



AND FIRE TNSTTRANCR. 597 

the first part is to remain in i)caceful possession of said 
property, and in consideration thereof agrees to keep said 
property in as good condition as it now is, at the cost and 
expense of said first party. 

In witness whereof, the said party of the first part has 

herennto set his hand and seal, tliis day of , 

A. D., 19. . 

(seal.) 

Signed and (leli\ered in the presence of 



I9-- 

Then personally appeared the above named 
and acknowledged the foregoing instrument to be 
free act and deed, before me 



STATUTE LAW RELATING TO BILLS OE SALE. 
Bill of sale of personalty is good between the parties 
thereto, but not as to third parties, such as creditors of 
the seller if he retain possession. 

BILL OE SALE EORM. 

Know all men, by these presents, that I, A. B., of , 

in consideration of the sum of dollars to me in hand 

paid by C. D., of the same place, at and before the enseal- 
ing and delivering of these presents, the receipt whereof I 
do hereby acknowledge, (or if the consideration be dif- 
ferent state it,) have bargained, sold, released, granted, 
and confirmed, and by these presents, do bargain, sell, 
release, grant, and confirm, unto the said C. D., all the fol- 
lowing goods, household stuff, and implements of house- 
hold, (or as the case may be) (here describe each article 
so it can be identified) now remaining and being (mention 
where they are) to have and to hold all and singular the said 
goods and chattels, etc., and every one of them, by these 
presents bargained, sold, released, granted, and confirmed, 
unto the said C. D.,* his heirs, executors, administrators, 



598 INSTRUCTION IN REAL ESTATE 

and assig-ns, to his and their only proper use and behalf 
forever. 

Witness my hand and seal, this fourth day of , 

A. D., 19.. 

Signed, sealed and delivered in presence of 

A. B. (Seal) 
E. G. 
A. R. 

STATUTE LAWS RELATING TO LANDLORD AND 

TENANT. 
When a person holds over lands, tenements, etc., after 
the termination of the time for which they are demised or 
let, or after the rent shall become due, according to the 
terms of the lease, and shall remain unpaid for the space 
of three days, after demand for payment, in such cases the 
lessor or his agent shall make demand in writing for pos- 
session of the premises, and if the tenant refuse, for the 
space of three days after such demand, to quit, possession 
upon complaint made to the justice of the peace of the 
county the matter shall be heard. In leases from month 
to month the landlord may, upon giving notice in writing, 
fifteen days before the expiration of the month, change the 
terms of the lease to take effect at the end of the month. 
No lease, except for a term not exceeding one year, shall 
be given unless it is in writing subscribed by the party 
giving the same. No lands shall be leased for a longer 
period than ten years, except town or city lots, which shall 
not l}e leased for a longer period than twenty years. 

FORM OF NOTICE TO QUIT. 

To 

You are hereby notified and required to quit and de- 
liver up the premises rented by you of and known 

and designated as in the city of and 

state of , on the day of next, 

and to deliver possession thereof to on that day. 

Dated , 19. . 



AND FIRE INSURANCE. 599 

LEASE FORM. 

This indenture made and executed this day of 

A. D., 19 . . , between of , of the 

first part, and of , of the second part, 

witnesseth that in consideration of the rents and covenants 
hereinafter expressed, the said party of the first part has 
demised and leased, and does hereby demise and lease to 
the said party of the second part the following- 
premises, viz. : (describe them) with the privileges and 

appurtenances, for and during a term of from the 

day of , 19. . , which term will end 

And the said party of the second part covenants that he 
will pay to the party of the first part, for the use of said 

premises, the yearly rent of dollars ($ ), 

to be paid monthly in advance in equal installments, with- 
out demand therefor being made by the party of the first 
part. 

And provided, said party of the second part shall fail to 
pay said rent, or any part thereof, when it becomes due, 
it is agreed that said party of the first part may sue for the 
same, or re-enter said premises or resort to any legal 
remedy. 

The party of the part agrees to pay all 

taxes to be assessed on said premises during said term. . . . 

The party of the second part covenants that at the ex- 
piration of said term he will surrender up said premises to 
the party of the first part in as good condition as now, 
necessary w^ear and damage by the elements excepted. 

Witness the hands and seals of the said parties the day 
and year first above written. 

A. B. (seal). 
C. D. (seal). 

Signed, sealed and delivered in presence of 
E. P., 
• G. H. 

Xote. Leases should be made in duplicate, one for each 
party. 



600 INSTRUCTION IN REAL ESTATE 

EXEMPTION AND HOMESTEAD LAWS. 
A homestead to be selected by a husband and wife, or 
either of them, or head of a family, not exceeding in value 
the sum of $5,000 is not subject to forced sale on execu- 
tion, except upon a judgment for the purchase money or 
upon a mortgage thereof: Chairs, tables, desks and books 
to the value of $100 ; necessary household and kitchen 
furniture, wearing apparel, etc., and provisions and fire- 
wood sufficient for one month ; farming utensils or im- 
plements of husbandry, and seed provided for planting for 
the ensuing six months, not exceeding in value $200 ; two 
horses, two oxen or two mules and two cows, and food for 
one month for such, and one cart or wagon; the tools of 
a mechanic necessary to his trade ; the instruments and 
libraries of a surgeon, physician, surveyor or dentist ; the 
professional library of an attorney, or minister of the 
gospel ; the dAvelling of a minor not exceeding in value 
$500, also his tools and appliances necessary to carry on 
mining operations, and two horses, two oxen or two mules, 
their harness and food for one month, wdien they are neces- 
sary in his mining operations ; two oxen, two horses, or 
two mules and their harness and one cart or wagon by the 
use of which a teamster or laborer habitually earns his 
living; one horse, harness and vehicle of a plr/sician or 
surgeon or minister of the gospel and food for one month. 
For every livery stable keeper, two horses or mules with 
vehicle and harness, provided the whole shall not exceed 
in value $500 ; one sewing machine in actual use in the 
debtor's family; all fire engines and property of fire com- 
panies; all arms, etc., required by law to be kept by any 
person and all public property of state, counties, towns, 
etc. ; also the earnings of the judgment debtor not exceed- 
ing $50 for ]:)ersonal services for calendar month. 

STATl'l^b: LAW RLLA11X(^, TO FEXCI^S. 
It is unlawful for swine to run at large and land owners 
need not fence them out. Other cattle must be fenced out. 



AND FIRE INSURANCE. 6oi 

STATUTE LAWS RELATING TO LIMITATION. 

Suits to recover land must be brought within five years, 
except actions for the recovery of mining claims, which 
must be brought within two years. 



STATUTE LAW RELATING TO IRRIGATION. 

All natural A\'ater courses and natural lakes and the 
waters thereof, which are not held in private ownership, 
belong to the state and are subject to regulation and con- 
trol by the state. There is no absolute property in the 
waters of a natural water course or natural lake, and no 
right can be acquired to such waters except as a right to 
its use or the right to dispose of its use for a beneficial 
purpose. W'hen the necessity for the use of water does 
not exist the right to divert it ceases. No person is per- 
mitted to divert more water than sufficient, wdien properly 
and economically used, to answer the purpose for which 
the diversion is made. The point of the diversion of water 
may be changed when such change does not substantially 
injure the rights of others. A cubic foot of water per 
second of time is the standard measurement of water in 
Nevada. 

DECeDENT'S DEBTS. 

Order of preference : i. Funeral expenses, medicine and 
medical attendance during decedent's last illness and ser- 
vant's wages for one year. 2. Rents for one year. 3. 
Debts having preference by the laws of the United States. 
4, Judgments rendered against deceased in his life time, 
and mortgages in order of their date. 5. All other de- 
mands against the estate. Mortgages shall only extend 
to proceeds of property mortgaged. 

As against realty, general creditors must take steps to 
collect or further secure their claims within four years, and 
judgment creditors within six years, after the death of the 
decedent or they will be lost, 



602 INSTRUCTION IN REAL ESTATE 

STATUTE LAW RELATING TO DESCENT AND 
DISTRIBUTION WHEN NO AVILL IS LEFT. 

The statute laws on this subject are substantially the 
same as in Pennsylvania, except that the widow takes half 
the realty and half the personalty, whether there be issue 
of the marriage or not. 

DISTRIBUTION OF PROPERTY BY WILL. 

Every person of sound mind 21 years old may dispose of 
his or her real or personal estate by will in writing, which, 
unless the person making the same shall be prevented by 
the extremity of his last sickness, shall be signed at the 
end thereof by himself or by some person in his presence 
by his express direction. The will must be proved by the 
oaths or affirmations of two or more competent witnesses. 
If there are no subscribing Avitnesses, proof of the testa- 
tor's signature by witnesses who are acquainted therewith 
will be sufficient. A testator may sign by making his sign 
or cross. Growing crops in lands held by a widow in 
dower or by other life tenant may be disposed of by will 
as other personalty, also rents and other periodical pay- 
ments accrued to a life tenant or to any person entitled 
under laws regulating the descent and partition of real 
estate. 

Personal estate may be bequeathed by nuncupative will 
made during the last sickness in the testator's habitation 
or dwelling or where he has resided for 10 days or more 
next before the making of such will, also in case he be sur- 
prised by sickness while away from his own house and 
shall die before returning thereto, but where the sum or 
value so bequeathed exceeds $100 it shall l)e proved that 
the testator at the time of pronouncing the bequest did 
bid the persons present or some of them to bear witness 
that such was his will or to that effect ; and in all cases the 
foregoing recpiisites shall be proved l)y two or more wit- 
nesses who were present at the making of the will. 



AND FIRE INSURANCE. 603 

A devise of real estate to a person without referring to 
his lieirs or using words of inheritance or perpetuity passes 
all the estate of the testator therein, unless a contrary in- 
tent appear. The real estate accpiired by a testator after 
making his will shall pass by a general devise, unless a 
contrary intention be manifest on the face of the will. If 
there be a devise or legacy in favor of a child or other 
lineal descendent, or where there is no lineal descendant, 
in favor of a brother or sister or the children of a deceased 
brother or sister, it shall not lapse or become void by rea- 
son of the devisee or legatee dying in the life time of the 
testator, provided such devisee or legatee leave issue sur- 
viving the testator, and in such case the issue will take 
the devise or legacy. If any person make a last Avill and 
testament, and afterwards marry or have a child or children 
not provided for in such will, and die, such w^idow and 
child shall share in his estate as if no will had been made 
whether such a child be born before or after his death. If a 
single Avoman make a wnll and marry, it is thereby re- 
voked. A husband may take Avhat is giA^en him under a 
Avife's Avill, or he may take the same interest in her estate, 
real and personal, that Avould be alloAved a widoAV under 
the intestate laws, or he may take alone a life estate in the 
Avhole of her realty. Xo real or personal property shall 
be bequeathed, devised or couA^eyed unless for a A^aluable 
consideration, for religious or charitable uses, except by 
deed or Avill attested by two creditable disinterested Avit- 
nesses at least one calendar month before the decease of 
the testator or grantor. Wills take effect as if executed 
immediately before the testator's death, unless a contrary 
intent appear. 

The probate or refusal of probate of a Avill if not con- 
tested Avithin three years is conclusiA^e as to real estate. 

NOTARY PUBLIC. 
Applicant must be a citizen. Application should be 
made to the Secretary of State Avho Avill notify Avhen to 



604 INSTRUCTION IN REAL ESTATE 

appear and take oath of office. Appointment is made by 
the Governor. Fee $io. Term of office, four years. 
Bond for $2000 is required. Fees — Serving notice of pro- 
test $1.00; taking acknowledgment, for first signature 
$1.00; each additional signature 50 cents; for administer- 
ing an oath 25 cents. 

LAW CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 
Acknowledgments made out of the state but within the 
United States may be taken by a judge or a clerk of a 
court having a seal, or by any commissioner appointed by 
the governor of this state for that purpose, or some notary 
public or justice of the peace; provided, when the ac- 
knowledgment is taken by a justice of the peace, the same 
shall be accompanied by the certificate of the clerk of a 
court of record of the county having a seal, as to the 
official character of the justice and the authenticity of his 
signature. If without the United States by some judge or 
clerk of any court of any state, kingdom or empire having 
a seal, or any notary public therein, or by any minister, 
commissioner or consul of the L^nited States appointed to 
reside therein. 

NEW^ HAMPSHIRE. 
STATUTE LAW RELATING TO DEEDS. 
Deeds and other conveyances of real estate shall be 
signed and sealed by the grantor, attested by two or more 
witnesses, acknowledged before a justice, notary public, 
commissioner, or before a minister or consul of the United 
States in a foreign country. They should be recorded in 
the registry of deeds in the county where the land lies. 
If the interest of the Avife in the real estate conveyed is 
dower, the deed should contain a release of dower and the 
wife should sign it, but need not acknowledge it. If the 
wife has also a homestead right, the deed should contain 
a release of that and the wife should si"n and acknowleds^e 



AND FIRE INSURANCE. 605 

it the same as her husband. If the property is owned by 
the wife in her own right, it is advisable for the husband 
to sign the deed so as to bar his rights of courtesy and 
husband to wife or wife to husband where the same might 
be laAvfully done through the intervention of a third per- 
son. Corporations authorized to hold real estate may 
convey it by an agent appointed for that purpose. 

WARRANTY DEED. 

Know all men by these presents : That for and 

in consideration of the sum of to in 

hand, before the delivery hereof, well and truly paid by 
the receipt whereof do hereby acknowl- 
edge, have given, granted, bargained and sold, and by 
these presents do give, grant, bargain, sell alien, enforce, 
convey 'and confirm unto the said heirs and as- 
signs, forever, a certain tract of land situated in 

bounded and described as follows, to wit : 

To have and to hold the said granted premises, with, all 
the privileges and appurtenances to the same, belonging to 

the said and heirs, and assigns, 

to and their only proper use and benefit forever. 

And the said and heirs, execu- 
tors and administrators, do hereby covenant, grant, and 

agree to and with the said and heirs and 

assigns, that until the delivery thereof, the lawful 

owner of the said premises, and seized 

and possessed thereof in own right in fee simple ; 

and have full power and lawful authority to grant and 
convey the same in manner aforesaid ; that the said prem- 
ises are free and clear from all and every incumbrance 

whatsoever and that and heirs, 

executors and administrators shall and will warrant and 

defend the same to the said and heirs 

and assigns, against the lawful claims and demands of any 
person or persons whomsoever. 

And I, wife of the said in considera- 



6o6 INSTRUCTION IN REAL ESTATE 

tion aforesaid, do hereby relinquish my right of dower in 
the before mentioned premises. 

And we, and each of us do hereby release, discharge, 
and waive all such rights of exemption from attachment 
and levy or sale on execution, and such other rights what- 
soever in said premises, and in each and every part thereof, 
as our family homestead, as are reserved or secured to us, 
or either of us, by the statute of the state of New Hamp- 
shire, passed July 4th, 1851, entitled, "An i\ct to exempt 
the homestead of families from attachment and levy or sale 
on execution," or by any other statute or statutes of said 
state. 

In Avitness whereof, the said parties of the first part have 
hereunto set their hands and seals, the day and year first 
above written. MARY J. (seal.) 

J. J. (seal) 

Signed, sealed and delivered in the presence of 
E. A. 
R. M. 
State of New Hampshire, County of ss : 

Personally appeared the above named and 

acknowledged the foregoing instrument to be 

voluntary act and deed. Before me Dated the 

day of A. D., 19. . 

(Name and official character.) 



MORTGAGE FORM. 

This indenture witnesseth that A. B., of party 

of the first part, (if the mortgage is that of a married man 
and the wife joins, as is commonly the case, to extinguish 
her dower or other rights, insert "and Mary B., his wife" 
and make other corresponding changes below. If the land 

mortgaged belongs to a married woman insert "and , 

her husband," and make other necessary changes below,) 

in consideration of dollars to him paid by C. D., 

party of the second part, the receipt whereof is hereby 
acknowledged, does hereby give, grant, bargain, sell, re- 



AND FIRE INSURANCE. 607 

lease, convey and confirm to the said C. D., his heirs 
("successors" instead of ''heirs" if mortg^age is to a cor- 
poration) and assigns forever the following described 

premises, situate in the of county of 

and state of , (describe it so that it may 

be accurately identified) and all the right, title and interest 
of the said A. B. either in law or equity, in and to the said 
premises ; together with all the appurtenances to the same 
belonging. To have and to hold the same unto the said 
C. D., his heirs and assigns forever, and the said A. B., for 
himself and his heirs, executors and administrators, hereby 
covenants with the said C. D., his heirs and assigns that 
he, the said A. B., is lawfully seized of the said premises, 
in fee simple, and has full right and power to convey the 
same, that the title and premises so conveyed are clear 
and unincumbered : (if there are any exceptions to this 
state them) and further, that he will warrant and defend 
the same against all claim or claims of all persons whom- 
soever. Provided, nevertheless, that whereas the said 
A. B., has executed and delivered unto the said C. D., a 
certain (bond, promissory note, or as the case may be) 
bearing even date herewith (then proceed to further de- 
scribe it so that it may be identified with certainty, or, if 
short, a copy of it may be here inserted, the fact being 
stated that it is a copy). 

Now, if the said A. B., his heirs, executors, administra- 
tors or assigns shall pay said debt or sum of dol- 
lars and interest which shall accrue thereon to the said 
C. D., his heirs or assigns, according to the tenor thereof, 
then this mortgage shall be void. 

In witness thereof, the said A. B.- has hereunto 

set his hand and seal this day of in the 

year of our Lord 



A. B. (seal.) 



Signed and acknowledged in presence of 
E. F. 
G. H. 



6o8 INSTRUCTION IN REAL ESTATE 

State of New Hampshire, County of ss : 

Personally appeared the above named and 

acknowledged the foregoing instrument to be . , 



voluntary act and deed. Before me Dated the 

day of A. D., 19. . 

(Name and official character.) 



STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 

Chattel mortgages are applicable to personal property 
and crops of every description, whether matured or grow- 
ing. Possession of the mortgaged property must be de- 
livered to and retained by the mortgagee, or the mortgage 
must be recorded in the office of the clerk of the town in 
which the mortgagor resides, or, if non-resident, where the 
property is situated. 

A chattel mortgage will not be valid except against the 
mortgagor or his personal representative, unless supported 
by an affidavit, subscribed and sworn to by both parties, 
to the effect that the mortgage is to secure the debt speci- 
fied in the condition and for no other purpose, that it is a 
just debt due and owing and not created for the purpose of 
enabling the mortgagor to execute such mortgage. 

CHATTEL MORTGAGE. 

Know all men by these presents, that residing 

in county of state of party of 

the first part, being justly indebted to residing in 

, party of the second part, in the sum -of 

dollars, which is hereby confessed and acknowledged, has, 
for the purpose of securing the payment of said debt, 
granted, bargained, sold and mortgaged, and by these 
presents docs grant, l)argain, sell and mortgage unto the 
said party of the second part, his heirs, executors, admin- 
istrators and assigns, all that certain personal property 
described as follows, to wit: (Describe it and state where 



AND FIRE INSURANCE. 609 

it is and in whose possession), all of which property the 
party of the first part covenants is free and clear from all 
liens and encumbrances, (here mention Exemptions, if 
any) and the said party of the first part for himself, his 
heirs, executors and administrators, all and singular, the 
goods, chattels and personal property above bargained and 
sold, unto the said party of the second part, his executors, 
administrators and assigns against him the said party of 
the first part, and against all and every other person or 
persons, whomsoever, shall and will warrant and forever 
defend. 

To have and to hold, all and singular said goods, and 
chattels, unto the said party of the second part his heirs, 
executors, administrators and assigns, forever; provided, 
always, and these presents are upon this express condition : 
That if the said party of the first part shall pay or cause to 
be paid unto the said party of the second part his heirs or 
assigns, the sum of dollars, according to the con- 
ditions of tw^o (or as the case may be) certain promissory 

notes, executed by payable to at 

viz. $ dated due with interest 

at per cent, per annum, until paid (or omitting all 

after "promissory notes" and inserting ''of which the fol- 
lowing are copies" and then insert copies, or if the in- 
debtedness is not represented by promissory notes its 
character may be otherwise indicated.) Then these pres- 
ents to be void and of no effect. And I have put the said 
grantee in full possession of said property by delivering to 
him this deed in the name of the whole. 

And it is agreed by the parties, that until default of per- 
formance of said condition, it shall be lawful for the said 
property to remain in possession of said grantor; liable, 
however, to be taken and removed by said grantee as well 
before as after such default; and for that purpose said 
grantee, his executors, administrators or assigns, may 
forcibly, and without judgment of law, enter into the 
dwelling house of the said grantor or wherever said prop- 



6lO INSTRUCTION IN REAL ESTATE 

erty may be situated, and remove the same at pleasure. 

In witness whereof the said party of the first part here- 
unto sets his hand and seal this day of , 

A. D., 19.. 

(Seal.) 

Witness. 



I solemnly swear, that the foregoing mortgage is made 
for the purpose of securing the debt specified in the con- 
dition thereof, and for no other purpose whatever and that 
said debt was not created for the purpose of enabling the 
mortgagor to execute said mortgage, but is a just debt, 
honestly due and owing from the mortgagor to the mort- 
gagee. So help me God. 

State of New Hampshire, County of ss : 

, I9-- 

Personally appearing the above named and 

took and subscribed the foregoing oath. 
Before me, 

Justice of the Peace. 

FORM OF LIEN FOR PURCHASE MONEY OF PER- 
SONAL PROPERTY FOR FILING WITH TOWN 
CLERK. 

Be it known. That I of in the county 

of and state of New Hampshire, have this day 

purchased of of in the county of 

in said state, for the sum of the following described 

goods and chattels, to wit : On which there is now- 
due to said and unpaid the sum of and 

the said has a lien upon said property for that 

amount, by the provisions of Chap. 30 of the laws of 1885 ; 
and Chap. 29, Laws of 1887, it being understood that said 
goods and chattels are to remain the property of said 



AND FIRE INSURANCE. 6ll 

the vendor thereof, until the sum of is 

fully paid by me. 

Witness my hand and seal, this day of 

19.. 

(seal.) 

Witness : 



We severally swear, that the foregoing memorandum is 
made for the purpose of witnessing the lien, and the sum 
due thereon, as specified in said memorandum, and for no 
other purpose whatever; and that said lien, and the sum 
due thereon, were not created for the purpose of enabling 
the purchaser to execute said memorandum, but that said 
lien is a just lien, and the sum stated to be due thereon is 
honestly due thereon, and owing from the purchaser to the 
vendor. 



State of New Hampshire, County, ss : 

, 19. . Then personally appearing said ........ 

and took and subscribed the foregoing oath. 

Before me, 

Justice of the Peace. 

STATUTE LAW RELATING TO BILLS OF SALE. 
Bill of sale of personalty is good between the parties 
thereto, but not as to third parties, such as creditors of the 
seller, if he retain possession, unless sworn to by vendor 
and vendee and recorded with the town clerk. 

BILL OF SALE. 

Know^ all men by these presents, that of 

in the county of and state of part. . of 

the first part, for and in consideration of the sum of 

dollars, to in hand paid by of 

part., of the second part, the receipt of wdiich is hereby 
acknowledged, do hereby grant, bargain and sell 



6l2 INSTRUCTION IN REAL ESTATE 

unto the said part . . of the second part, heirs and 

assigns, the following goods and chattels to wit: (state 
what and describe it.) 

Said property is located in said and is 

warranted free from any and all incumbrance whatsoever 
and against any adverse claims. 

And I have put the said in possession of said 

property, by delivering to him this bill of sale in the name 
of the whole. 

Witness our hand and seals this day of « 

A. D., 19. . (Both parties sign.) 

Signed, sealed and delivered, in presence of 

(seal.) 

(seal.) 

We severally swear that the foregoing memorandum is 
made for the purpose of witnessing the sale and the con- 
sideration therefor, and for no other purposes whatever; 
that the amount therein stated is the true consideration, 
and has been actually paid by the vendee to the vendor as 
specified in said memorandum ; and that said sale was not 
made for the purpose of enabling the parties to execute 
said memorandum, but was an honest transaction entered 
into in good faith between said parties. 



State of New Hampshire, County, ss . . 19. . 

Personally appeared the above named and 

and took and subscribed the foregoing oath. Be- 
fore me, 

Justice of the Peace. 

STATUTE LAWS RELATING TO LANDLORD 
AND TENANT. 

Every tenancy or occupancy is deemed to 1)c at will, and 
the rent payable on demand, unless a different contract is 
shown, and either party may terminate the tenancy l)y a 
>vrittcn notice to the other at a day named therein. A 



AND FIRR INSURANCE. 613 

tenant or occupant who neglects or refuses to pay rent 
clue and in arrears, upon demand, is entitled to but seven 
days' notice to quit. If the rent is payable oftener than 
once in three months thirty days' notice is sufiBcient 
whether rent is or not due, and three months no- 
tice is sufficient in all cases. If a lessee violates the 
condition of a written lease, seven days notice is sufTficient 
and is equivalent to an entry for conditions broken ; or, if 
he holds over after its expiration, seven days notice is suf- 
ficient. A lessee may terminate his lease by a written 
notice in the same manner as lessor and with the same 
eiTect. 

LEASE FORM. 

This indenture made and executed this day of 

A. D., 19. ., between of , of the 

first part, and of , of the second part, wit- 

nesseth that in consideration of the rents and covenants 
hereinafter expressed, the said party of the first part has 
demised and leased, and does hereby demise and lease to 

the said party of the second part the following 

premises, viz. : (describe them) with the privileges and 

appurtenances, for and during a term of from the 

day of 19- •, which term will end 

And the said party of the second part covenants that he 
will pay to the party of the first part, for the use of said 

premises, the yearly rent of dollars ($ ), 

to be paid monthly in advance in equal installments, with- 
out demand therefor being made by the party of the first 
part. 

And provided, said party of the second part shall fail to 
pay said rent, or any part thereof, when it becomes due, it 
is agreed that said party of the first part may sue for the 
same, or re-enter said premises, or resort to any legal 
remedy. 

The party of the part agrees to pay all 

taxes to be assessed on said premises during said term 



6l4 INSTRUCTION IN REAL ESTATE 

The party of the second part covenants that at the ex- 
piration of said term he will surrender up said premises to 
the party of the first part in as good condition as now, 
necessary wear and damage by the elements excepted. 

Witness the hands and seals of the said parties the day 
and year first above written. 

A. B. (seal). 
C. D. (seal). 
Signed, sealed and delivered in presence of 
E. R, 
G. H. 
Note. Leases should be made in duplicate, one for each 
party. 

EXEMPTION AND HOMESTEAD LAWS. 

Every person is entitled to five hundred dollars' worth 
of his homestead, or of his interest therein, as a homestead 
right. This right the owner, wife or husband and minor 
children, if any, are entitled to occupy during owner's life- 
time ; after owner's decease, surviving wife or husband and 
minor children during minorit}^ of the children ; and sub- 
ject to above, surviving wife or husband for life. Their 
estate is not defeated by a devise of the homestead. The 
right may be incumbered by a mortgage made at time of 
purchase to secure the purchase money or conveyed b}^ a 
deed executed by owner and wife or husband with usual 
formalities. It is exempt from attachment, from levy or 
sale on execution, and from liability to be incumbered or 
taken for the payment of debts, except: i. For taxes, 
2. For mechanics' liens and debts created in construct- 
ing, repairing, or improving the homestead. 3. For mort- 
gages charged upon it by law. 4. By levy of execution 
under the homestead law. 

The following goods and property are exempted from 
attachment and execution: Wearing apparel and beds, 
bedsteads and bedding necessary for debtor and family, 



AND FIRE INSURANCE. 615 

furniture to value of $ioo, one cooking stove and its fur- 
niture, one sewing machine, provision and fuel to value of 
$50, uniforms, arms and equipments of officers or privates 
in the militia, bibles, school books, and family library to 
value of $200, tools of calling to value of $ioo, one hog 
and one pig, and pork of same when killed, six sheep and 
fleeces of same, one cow, yoke of oxen or a horse for farm- 
ing or teaming, etc., four tons of hay, domestic fowls to 
value of $50, one's interest in a pew, one's interest in a lot 
or right of burial. 

Exemptions from trustee process are: I. Of wages 
earned by debtor after service of writ upon trustee. 2. 
Of wages earned before service to the amount of $20, 
except for necessaries furnished debtor or his family. 
3. Of Avages earned by Avife .or minor children. 4. Of 
pension or bounty money from the United States. 5. Of 
funds held by a clerk, cashier or other employee and re- 
ceived in the ordinary course of business. 6. Of fees due 
for attendance at court as juror or witness. 

STATUTE LAW RELATING TO FENCES. 

The owners of adjoining lands under improvement shall 
build and repair the partition fence between them in equal 
shares. The division of such fence may be made by the 
parties, or be established by 20 years' usage of the parties 
and predecessors in title, or, upon proper application, by 
the fence viewers. Fences must be four feet high, and be 
constructed of rails, timber, boards or stone wall. Brooks, 
rivers, ponds, creeks, ditches and hedges are legal fences. 
OAvner is not bound to fence unimproved land. Land ad- 
joining school district property must not be fenced with 
barbed wire. 

Proprietors of railroads must erect and maintain a suf- 
ficient fence upon each side of their road, except at public 
crossings. 

Public burial places must be protected by a sufficient 
fence against trespass by cattle. 



6l6 INSTRUCTION IN REAL ESTATE 

STATUTE LAWS RELATING TO LIMITATION. 

Suits to recover land must be brought within twenty 
years after the right first accrued to the claimant or his 
predecessors in title, but if the person first entitled to 
bring such suit is an infant or insane person, when the 
right accrues, the action may be brought Avithin five years 
after such disability is removed. 

Actions of debts upon judgments, recognizances and 
contracts under seal must be brought within twenty years 
after the cause of action accrued, and an action on a note 
secured by mortgage of real estate may be brought so 
long as the plaintiff is entitled to bring suit on the mort- 
gage. 

DECEDENT'S DEBTS. 

All claims against the estates of deceased persons must 
be prosecuted within Iavo years after the original grant of 
administration, but no suit thereon can be maintained if 
brought within one year, nor before payment is demanded. 
Payment must be demanded Avithin one year after the 
original grant of administration. 

The estate of every person deceased is chargeable in the 
folloAving order: 

1. Expenses of administration. 

2. Funeral expenses. 

3. A reasonable alloAvance to the widoAV. 

4. The just debts OAved by the deceased. 

5. The support and maintenance of infant children of 
the deceased until seven years of age, if the estate is 
solvent. 

6. Legacies. 

STATUTE LAW RELATING TO DESCENT AND 
DISTRIBUTION WHEN NO WILL IS LEFT. 
11ie real estate of every person deceased intestate, sub- 
ject to any right of dower or courtesy or homstead shall 
descend in equal shares as follows ; 



AND FIRE INSURANCE. 617 

1. To the children of the deceased or their representa- 
tives. 

2. If there be no issue, to the father if living. 

3. If there be no issue or father, in equal shares to the 
mother and brothers and sisters or their representatives. 

4. To the next of kin in equal shares. 

The heirs of a bastard in the ascending line is the mother 
and her heirs. The estate of the mother is shared equally 
among her legitimate children and illegitimate children. 
No representation is allowed among collaterals beyond 
the degree of brothers' and sisters' grandchildren. 

Personal estate not bequeathed after the settlement of 
administration account, is distributed : 

1. To the widow, the share prescribed by law. 

2. The residue in equal shares to the same persons to 
whom the real estate would by law descend. 

The widow is entitled, in addition to her dower and 
homestead rights, to the following portion of the personal 
estate of her deceased husband : 

1. One-third part thereof, if he leaves issue surviving 
him. 

2. One-half thereof, if he leaves no issue surviving him. 
Provided, however, that if such remaining portion does 
not exceed in value the sum of $1,500 and if he dies intes- 
tate, then she shall be entitled to the whole thereof; and 
in case the value thereof exceeds $1,500, but does not ex- 
ceed $3,000, she shall be entitled to the sum of $1,500. 

The widow, by releasing her right of dower and her 
homestead right, shall be entitled, instead thereof in fee, 
to the following portion of all the real estate of which her 
husband died seized. 

1. One-third part thereof, if he leaves issue by her sur- 
viving him. 

2. One-half thereof, if he leaves no issue whatever sur- 
\i\ing him. Provided, however, that if the value of said 
remaining portion shall not exceed $1,500 she shall be en- 
titled to the whole portion thereof; but if such remaining 



6l8 INSTRUCTION IN REAL ESTATE 

portion shall exceed in value $1,500, but does not exceed 
$3,000, she shall be entitled to $1,500 of the value thereof, 
and the same shall be assigned to her by the probate court 
in the same manner as dower is now assigned. 

The husband of a person deceased, shall be entitled in 
addition to his estate by the curtesy and homestead right, 
if any, to the following portion of her personal estate : 

1. One-third part thereof, if she leaves issue surviving 
her. 

2. One-half thereof, if she leaves no issue surviving her. 
Provided, however, that if such remaining portion does not 
exceed in value $1,500, then he shall be entitled to the 
Avhole thereof; and in case the value thereof exceeds $1,500 
but does not exceed $3,000, he shall be entitled to $1,500. 

The husband of a person deceased, b}^ releasing his es- 
tate by the curtesy and his homestead right, if any, shall 
be entitled instead thereof to the folloAving portion of all 
the real estate of which she died seized. 

1. One-third part thereof, to hold in fee, if she leaves 
issue by him surviving her. 

2. One-third part thereof, to hold during life, if she 
leaves issue surviving her, but not by him, and if he has 
no estate by the curtesy in her real estate. 

3. One-half thereof, to hold in fee, if she leaves no 
issue whatever surviving her. Providing, however, that 
if such remaining portion does not exceed in value $1,500, 
then he shall be entitled to the whole thereof ; but if such 
remaining portion shall exceed in value $1,500, but does 
not exceed $3,000, he shall be entitled to $1,500 of the value 
thereof, and the same shall be assigned to him by the pro- 
bate court in the same manner as dower is now assigned 
to a widow. 

The foregoing pr()\'isi()ns as to a sur\'i\ing husband or 
widow will a])])ly even where there is a will if the party 
waives the provisions in his or her favor in the will. 



AND FIRE INF^URANCE. 619 

DISTRIBUTION OF PROPERTY BY WILL. 

Wills to be effectual to pass any real or personal prop- 
erty, must be made by a person of the age of twenty-one 
years, of sound mind, in writing, signed by the testator 
or by some person in his presence, and by his express di- 
rection, and attested and subscribed in his presence by 
three or more credil)le witnesses, who should be other than 
a devisee or legatee. 

A will need not be executed under seal. 

Nuncupative wills shall not be valid where the personal 
estate bequeathed exceeds in value one hundred dollars, 
unless declared by the testator in the presence of three wit- 
nesses at his request, in his last sickness, and in his usual 
dwelling, except when he was taken sick from home and 
died before his return. Nor unless a memorandum thereof 
was reduced to writing within six days, and presented for 
probate within six months from the making thereof. 

All wills are recorded in the office of the register of 
probate for the respective counties. 

No will shall be effectual to pass, either real or personal 
estate, unless duly proved and allowed in the court of pro- 
bate. A niarried woman may make a will. 

NOTARY PUBLIC. 
Applicant must be a citizen. Women are eligible. Ap- 
plication should be made to the Secretary of State who 
will notify when to appear and take oath of office. Appoint- 
ment is made by the Governor with the advice of the 
Council. Fee, $i. Term of office, five years. Fees — Pro- 
testing under seal, 50 cents ; taking acknowledgments, 50 
cents ; administering an oath, 25 cents. 

LAW CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 
Acknowledgments made out of the state, of deeds, mort- 
gages and other instruments concerning land for record- 
ing in New Hampshire, may be made before a notary 



620 INSTRUCTION tN REAL ESTATE 

public in this or any other country, or before a justice, or 
commissioner in any state, district or territory, but a cer- 
tificate of the authority of a justice so to act must be added 
by the clerk of a local court of record. They may also 
be made in foreign countries before ministers or consuls 
of the United States, or a commissioner of the state. 

NEW JERSEY. 
STATUTE LAWS RELATING TO DEEDS. 
A subsequent purchaser without notice of a previous 
conveyance will have preference if his deed be first re- 
corded; there is no time set by statute in which to record 
deeds. They are valid without witnesses, but must be 
under seal. It is customary to have same proved or ac- 
knowledged before an officer competent to take such 
acknowledgments or proofs of deeds. It is required by 
statute as to married women's deeds. 

STATUTE LAW RELATING TO MARRIED 
WOMEN. 
A married woman has the same right and power con- 
cerning property and to contract, sue and be sued, as if 
unmarried. A mortgage or conveyance of her realty is n^^t 
absolutely void, but without his signature his curtesy 
rights in the property remain. If she have an estate for 
life only in real property she may convey the same with- 
out the husband joining in the deed with like effect as if 
she were unmarried. She cannot legally act as surety 
guarantor or accommodation endorser, she may not sue 
her husband except for divorce or to protect her separate 
property when he has deserted and separated himself from 
her without sufficient cause, or neglected or refused to 
support her, nor may he sue her except under like circum- 
stances, excluding the matter of support. If a wife be in- 
sane, by proper proceedings in court and giving security, 
the husband may have her estate placed in his care. If 
a wife do not join in a deed for her husband's realty and 
he die first she will have dower therein (one-third for life). 



AND FIRE INSURANCE. 62I 

WARRANTY DEED. 
The State of , county of 

Know all men by these presents, that for and in consid- 
eration of dollars, to the undersigned grantor, 

in hand paid by , the receipt whereof is hereby 

acknowledged the said , do grant, bargain, 

sell and convey unto the said , the following de- 
scribed real estate, to wit : situated in 

county, State of 

To have and to hold the said property unto the said 
, heirs and assigns forever. 

And do for heirs, executors and adminis- 
trators, covenant with said , heirs and assigns that 

lawfully seized in fee simple of said premises ; that 

they are free from all encumbrances and that 

have a good right to sell, and convey the same as aforesaid ; 
that will and heirs, executors and adminis- 
trators shall warrant and defend the same to the said 

heirs, executors and assigns forever, against the 

lawful claims of all persons. 

In witness whereof, the said party of the first part has 
hereunto set his hand and seal the day and year first above 
written. (seal.) 



(seal.) 



Signed, sealed and delivered in presence of 



State of New Jersey, County of , ss : 

On the day of , A. D., 19. ., before me a 

, personally appeared , who, I am satisfied, 

the grantor mentioned in the within indenture, to 

whom I first made known the contents thereof, and there- 
upon acknowledged that signed, sealed and 

delivered the same as voluntary act and deed, for 

I he uses and purposes therein expressed ; and the said 

being l)y me privately examined, separate and 

apart from ...... husband, further acknowledged 



622 INSTRUCTION IN REAL ESTATE 

that signed, sealed and delivered the same as 

voluntary act and deed, freely, without any fear, threats 
or compulsion of said husband. 

Note. For single person omit part relating to w^ife. 

MORTGAGE FORM. 

This indenture witnesseth that A. B., of , party 

of the first part, (if the mortgage is that of a married man 
and the wife joins, as is commonly the case, to extinguish 
her dower or other rights, insert ''and Mary B., his wife," 
and make other corresponding changes below. If the land 

mortgaged belongs to a married woman insert "and , 

her husband," and make other necessary changes below), 

in consideration of dollars to him paid by C. D., 

party of the second part, the receipt whereof is hereby 
acknowledged, does hereby give, grant, bargain, sell, re- 
lease, convey and confirm to the said C. D., his heirs ("suc- 
cessors" instead of "heirs" if mortgage is to a corporation) 
and assigns forever, the following described premises, 

situate in the of , county of , and state 

of (describe it so that it may be accurately iden- 
tified) and all the right, title and interest of the said A. B., 
either in law or equity, in and to the said premises ; 
together with all and singular the profits, privileges and 
advantages, with the appurtenances to the same belonging, 
or in any wise appertaining. Also, all the estate, right, 
title, interest, property, claim and demand whatsoever of 
the said party of the first part of, in and to the same, and 
of, in and to every part and parcel thereof. 

To have and to hold the same unto the said C. D., his 
heirs and assigns forever, and the said A. B., for himself 
and his heirs, executors and administrators, hereby cove- 
nants with the said C. D., his heirs and assigns, that he, 
the said A. B., is lawfully seized of the said premises, in 
fee simi)le, and has full right and power to convey the 
same, that the title and premises so conveyed are clear and 



AND FIRE INSURANCE. 62^ 

unincumbered; (if there are any exceptions to this state 
them). And further, that he will warrant and defend the 
same against all claim or claims of all persons whomsoever. 
Provided, nevertheless, that whereas, the said A. B., has 
executed and delivered unto the said C. D., a certain 
(bond, promissory note, or as the case may be) bearing- 
even date herewith (then proceed to further describe it 
so that it may be identified Avith certainty, or, if short, a 
copy of it may be here inserted, the fact being stated that 
it is a copy). 

Now if the said A. B., his heirs, executors, administra- 
tors or assigns, shall pay said debt or sum of dollars 

and interest which shall accrue thereon to the said C. D., 
his heirs or assigns, according to the tenor thereof, then 
this mortgage shall be void. 

The said mortgagor covenants and agrees that he will 
keep all buildings that may at any time be upon said 
premises, insured in such company or companies as the 

holder of said notes shall direct, for not less than 

dollars, and make the loss, if any, payable to, and deposit 
the policy or policies of insurance with the party of the 
second part, or his assigns, as further security for the in- 
debtedness aforesaid. And if said mortgagor fails to 
effect said insurance, or deliver over to said second party 

or assigns, in accordance with the conditions 

herein, said policy or policies, then and thereupon said 
second party or their assigns may procure such insurance, 
and the costs thereof shall be a lien hereunder on said 
property, and may elect to declare the conditions herein 
violated, and the said sum of money above named shall 
be declared to be, and shall become due and payable under 
the terms and conditions hereof, and said second party or 
his assigns, may immediately proceed to collect the same 
and interest accrued thereon. 

In witness whereof, the said A. B has hereunto 



624 INSTRUCTION IN REAL ESTATE 

set his hand and seal this day of , in the year 

of our Lord A. B. (seal.) 

Signed and acknowledged in presence of 
E. F. 
G. H. 
State of New Jersey, County of , ss : 

On the day of , A. D., 19 . ., before me, a 

personally appeared , who, I am satisfied 

the mortgagor mentioned in the within indenture, 

to whom I first made known the contents thereof, and 

thereupon acknowledged that signed, sealed 

and delivered the same as voluntary act and deed, 

for the uses and purposes therein expressed ; and the said 

being by me privately examined, separate and apart 

from husband further acknowledged that 

signed, sealed and delivered the same as 

voluntary act and deed, freely, without any fear, threats, 

or compulsion of said husband. 

(Name and official character.) 



Note. For single person omit the part applicable to the 
wife. 

STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 

Chattel mortgages must be acknowledged as to their 
execution by mortgagor and have annexed thereto an affi- 
davit of the mortgagee, stating the consideration and the 
amount due and must be recorded to be good against 
•subsequent creditors, etc., and is applicable to almost all 
goods and chattels. 

Chattel mortgages upon household goods and furniture 
in the use and possession of any family in this state not 
given to secure the purchase money for such goods, shall 
be absolutely void and of no validity unless it shall be first 
duly signed, sealed, executed and acknowledged by the 
husband and wife. 



AND FIRE INSURANCE. 625 

CHATTEL MORTGAGE. 

Know all men by these presents, that residing 

in , county of , state of , party of the 

first part, being- justly indebted to , residing in 

, party of the second part, in the sum of dol- 
lars, which is hereby confessed and acknowledged, has, 
for the purpose of securing the payment of said debt, 
granted, bargained, sold and mortgaged, and by these 
presents does grant, bargain, sell and mortgage unto the 
said party of the second part, his heirs, executors, admin- 
istrators and assigns, all that certain personal property 
described as follows, to wit: (Describe it and state where 
it is and in whose possession), all of which property the 
party of the first part covenants is free and clear from all 
liens and encumbrances, (here mention Exemptions, if 
any), and the said party of the first part for himself, his 
heirs, executors and administrators, all and singular, the 
goods , chattels and personal property above bargained and 
sold, unto the said party of the second part, his executors, 
administrators and assigns, against him, the said party of 
the first part, and against all and every other person or 
persons, whomsover, shall and will warrant and forever 
defend. 

To have and to hold, all and singular, said goods and 
chattels, unto the said party of the second part, his heirs, 
executors, administrators and assigns, forever; provided, 
always, and these presents are upon this express condition : 
That if the said party of the first part shall pay or cause to 
be paid unto the said party of the second part his heirs, or 
assigns, the sum of dollars, according to the con- 
ditions of two (or as the case may be) certain promissory 

notes, executed by , payable to at , 

viz., $ , dated , due , with interest at 

.... per cent, per annum, until paid (or omitting all after 
''promissory notes" and inserting *'of which the following 
are copies" and then insert copies, or if the -indebtedness 
is not represented by promissory notes, its character may 



626 INSTRUCTION IN REAL ESTATE 

be otherwise indicated). Then these presents to be void 
and of no effect. And they, the said parties (or party) of 
the first part, for themselves, their heirs, executors, admin- 
istrators and asigns, do covenant and agree to and with 
the said party of the second part, his executorS; adminis-" 
trators and assigns, that in case default shall be made in 
the payment of the said sum above mentioned, or in case 
the said party of the first part shall at any time before the 
day of payment herein provided for, remove the said goods 
and chattels, or any of them, or permit or suffer any attach- 
ment or other process against property to be issued against 
them or permit or suffer any judgment to be entered up 
against them, then the said sum of money herein men- 
tioned shall become instantly due and payable, and then 
it shall and may be lawful for, and they, the said parties of 
the first part do hereby authorize and empower the said 
party of the second part, his executors, administrators and 
assigns, with the aid and assistance of any person or per- 
sons, to enter the said dwelling-house, store and other 
premises, and such other place or places whatsoever in 
which the said goods and chattels, or any of them, are or 
may be placed and take and carry away the said goods 
and chattels, and to sell and dispose of the same for the 
best price they can obtain ; and out of the money arising 
therefrom, to retain and pay the said sum above mentioned, 
and all charges touching the same, rendering the overplus 
(if any) unto them the said parties of the first part, their 
heirs, executors, administrators or assigns. 

In witness whereof the said party of the first part here- 
unto sets his hand and seal this day of , A. 

D., 19. . (seal.) 

Witness : 



State of New Jersey, County of , ss : 

On the day of , A. D., 19. ., before me, a 

, personally appeared , who, I am satisfied, 

the mortgagor mentioned in the within indenture 



AND FIRE INSURANCE. 62'] 

to whom I first made known the contents thereof, and 

thereupon acknowledged that signed, sealed 

and delivered the same as voluntary act and deed, 

for the uses and purposes therein expressed ; and the said 

being by me privately examined, separate and 

apart from husband further acknowledged 

that signed, sealed, and delivered the same as 

voluntary act and deed, freely, without any fear, threats, 

or compulsion of said husband. 

(Name and official character). 



Note. For single person omit the part applicable to the 
wife. 

Affidavit. 
State of New Jersey, County, ss : 

I do solemnly swear. That I am the within named mort- 
gagee, and that the property described in the within mort- 
gage, was on the day of , 19. ., conveyed to 

to secure the payment of dollars, of which 

sum there is yet due and unpaid the sum of dollars. 

So help me God. 

Subscribed and sworn to before me this day of 

I9-- 

STATUTE LAW RELATING TO BILLS OF SALE. 

Bill of sale accompanied by delivery, with reservation of 
ownership in vendee until payment in full shall be made, 
is good against creditors, etc., if execution thereof is duly 
acknowledged and recorded in the clerk's office of the 
county wherein party contracting to buy shall reside at 
the time of the execution thereof; and if not a resident of 
this state then in the clerk's office of the county where the 
property so conditionally bought shall be at the time of the 
execution of the instrument. 

BILL OF SALE FORM. 
Know all men, by these presents, that I, A. B., of , 



628 INSTRUCTION IN REAL ESTATE 

in consideration of the sum of dollars to me in 

hand paid by C. D., of the same place, at and before the 
ensealing and delivering of these presents, the receipt 
whereof I do hereby acknowledge, (or if the considera- 
tion be different state it), have bargained, sold, released, 
granted, and confirmed, and by these presents, do bargain, 
sell, release, grant, and confirm, unto the said C. D., all 
the following goods, household stuff, and implements of 
household, (or as the case may be) (here describe each 
article so it can be identified) now remaining and being 
(mention where they are) to have and to hold all and sin- 
gular the said goods and chattels, etc., and every one of 
them, by these presents bargained, sold, released, granted, 
and confirmed, unto the said C. D., his heirs, executors, 
administrators, and assigns, to his and their only proper 
use and behalf forever. 

Witness my hand and seal, this fourth day of , 

A. D., 19. . A. B. (seal.) 

Signed, sealed and delivered in presence of 
E. G. 
A. R. 

Note. Add acknowledgment if to be recorded. 

STATUTE LAWS RELATING TO LANDLORD 
AND TENANT. 

For rent due, personal property while on the premises 
leased, including stock and crops may be distrained either 
before or after the end of the term of lease, and goods, 
moved with intent to prevent seizure, may be followed and 
be distrained off the premises w^ithin thirty days after their 
removal unless sold to a bona fide purchaser. 

To seize the goods fraudently conveyed away for the 
purpose of concealment the landlord may Avith the aid of 
a constable l)rcak open in day time and enter the building. 

If the chattels distrained are not replevied within ten 
days the distrainor ma^ on two days' notice to the tenant 



And fire insurancJI. 629 

have the same appraised and sold on five days* public no- 
tice. 

The tenant is bound to quit the premises when his lease 
expires, after demand made and notice in writing given 
for the delivery of possession thereof by the landlord or 
his agent for that purpose, unless he remains by consent 
of the landlord. 

The landlord may expel the tenant for the non-payment 
of rent due by bringing suit against him after service of 
three days' notice to pay the rent or quit the premises. 

A lease not in writing if for more than three years will 
have the effect of creating a tenancy at will only. 

FORM OF NOTICE TO QUIT. 
To 

You are hereby notified and required to quit and deliver 

up the premises rented by you of and known and 

designated as in the city of and state of 

, on the day of next, and to deliver 

possession thereof to on that day. 

Dated , 19. . 

LEASE FORM. 

This indenture made and executed this day of 

, A. D., 19. ., between , of , of the first 

part, and , of , of the second part, witnesseth 

that in consideration of the rents and covenants herein- 
after expressed, the said party of the first part has demised 
and leased, and does hereby demise and lease to the said 

party of the second part the following premises, 

viz. : (describe them) with the privileges and appurten- 
ances, for and during a term of from the 

day of , 19. ., wdiich term will end And the 

said party of the second part covenants that he will pay 
to the party of the first part, for the use of said premises, 

the yearl}^ rent of dollars (v$ ), to be paid 

monthly in advance in ccpial installments, without demand 
therefor being made by the party of the first part. 



630 iNSTRLTCTiON IN RP:Af. KSTATE 

And provided, said party of the second part shall fail to 
pay said rent, or any part thereof, when it becomes due, 
it is agreed that said party of the first part may sue for 
the same, or re-enter said premises, or resort to any legal 
remedy. 

The party of the part agrees to pay all 

taxes to be assessed on said premises during said term. 

The party of the second part covenants that at the expi- 
ration of said term he w^ill surrender up said premises to 
the party of the first part in as good condition as now, 
necessary wear and damage by the elements excepted. 

Witness the hands and seals of the said parties the day 
and year first above written. A. B. (seal.) 

C. D. (seal.) 

Signed, sealed and delivered in presence of 
E. F. 
G. H. 

Note. Leases should be made in duplicate, one for each 
party. 

EXEMPTION AND HOMESTEAD LAWS. 

Goods and chattels, shares of stock or interest in any 
corporation and personal property of every kind not ex- 
ceeding in value (exclusive of wearing apparel) $200 and 
all wearing apparel the property of any debtor having a 
family residing in this state shall be exempt. 

Lot and residence of debtor having a family to the value 
of $1,000 shall be exempt, and such exemption shall con^ 
tinue after the death of such householder for the benefit 
of the widow and family, sonre one of them continuing to 
occupy the same, until the youngest child shall become of 
age and until the death of the widow. 

No release or waiver of such exemption shall be valid. 

That to entitle any property to such exemption the 
conveyance of the same shall show that it is so designed to 
be held as a homestead or if alread}^ purchased or the con- 
veyance does not show such design, a notice that the 



AND FIRE INSURANCE. 63I 

same is desig-ned to be so held, which notice shall be re- 
corded in the office of the clerk of the county in which 
the said property is located and shall be published once in 
each week for at least six weeks in one or more public 
newspapers in the county in which such property is 
located. 

STATUTE LAW RELATING TO FENCES. 

Where persons do not keep up their part of fences, 
beasts trespassing through the same shall not be im- 
pounded nor damages recovered. 

Any two of the township committee or any two of the 
street committee of the council in any city, are fence 
viewers to determine disputes about the building, mend- 
ing and maintenance of line fences, between the improved 
or enclosed land of tw^o owners. 

Any animal that shall creep through, get over or break 
down any law^ful fence may be impounded and the owner 
shall be obliged to pay all damages. Barbed wire fences 
are prohibited without consent of adjoining landowner. 

STATUTE LAWS RELATING TO LIMITATION. 

Suits to recover land must be brought within twenty 
years after the right accrued to the claimant or his pre- 
decessors in title. 

STATUTE LAW RELATING TO DESCENT AND 
DISTRIBUTION WHEN NO WILL IS LEFT. 

A surviving husband has a life estate in the whole of 
his deceased wife's realty, if there be issue born capable 
of inheriting. He is entitled to all personal property. 

Subject to the rights above mentioned, realty descends 
and personalty is distributed as follows : 

Children share equally. If descendants are of different 
degrees of consanguinity, to the intestate, they share per 
stirpes, that is, the issue of a deceased child or grandchild 
or other descendants taking the share the parent would 
if living. 



632 INSTRUCTION IN REAL ESTATE 

In default of issue, subject to the rights of the widow or 
surviving husband, if any, realty goes to the deceased 
person's father and mother (or to the one if the other be 
dead) during their joint lives and the life of the survivor 
of them, and they (or the one living) in like manner, take 
the personalty absolutely. 

Subject to the above, the brothers and sisters of the 
Avhole blood shall take the realty in equal shares, the chil- 
dren of a deceased brother or sister, nephew or niece, 
taking the share of their parent. If there be no brothers 
or sisters but nephews and nieces of the whole blood they 
shall share per capita. If there be no such brother, sister 
or children or grandchildren thereof, the real estate shall 
vest in the next of kin being the descendants of such 
brothers or sisters. 

Subject to all the foregoing, real estate descends to 
brothers and sisters of the half blood and their issue as 
above indicated in case of collaterals of the whole blood. 

In default of all persons above described, the real and 
personal estate will go to the next of kin. 

The goods, chattels and personal estate of every person 
dying intestate is distributed as follows : 

One-third part to the widow, and all the residue in equal 
portions to the children of the intestate, and such persons 
as legally represent such children, in case any of the chil- 
dren be dead, other than such child or children, who shall 
have any estate by settlement of the intestate, or shall 
be advanced by the intestate, in his lifetime, a portion or 
portions equal to the share Avhich shall by such distribu- 
tion be alloted to the other children, to whom such dis- 
tribution is to be made; and in case any child shall have 
an estate by settlement from the intestate, or shall be ad- 
vanced by the intestate, in his lifetime, by portion not 
equal to the share, which will be due to the other children, 
by such distribution as aforesaid, then so much of the sur- 
l)]us of tlic estate of the intestate shall 1)C (listril)ute(l to 
siicli cliiM or children, as shall ha\e anv lands by settle- 



AND FIRE INSURANCE. 633 

ment, or were advanced in the lifetime of the intestate, 
as shall make the estate of all the children to be equal, as 
near as can be estimated. 

In case there be no children, nor any legal representa- 
tives of them, then one moiety of the estate shall go to 
the widow of the intestate, and the residue shall be distrib- 
uted equally to every one of the kindred of the intestate. 

In case there be no widow then all the estate must be 
distributed equally among the children, then, to the next 
of kindred in equal degree. 

If, after the death of the father, any of his children shall 
die intestate, Avithout wife or children, in the lifetime of 
the mother, every brother or sister, and the representa- 
tives of them shall have an equal share with her in the 
estate of the intestate. 

The husband is entitled to all the personal property. 
If there have been children born capable of inheriting, he 
is entitled to one-third of the real property, the widow is 
entitled to one-third of her husband's real property, as 
her dower right. 

DISTRIBUTION OF PROPERTY BY WILL. 

Every person of sound mind 21 years old may dispose 
of his or her real or personal estate, by will in writing. 
The Avill must be proved by the oaths or affirmations of 
two or more competent witnesses. If there are no sub- 
scribing witnesses, proof of the testator's signature by 
witnesses who are acquainted therewith, will be sufficient. 
A testator may sign by making his sign or cross. Growing 
crops in lands held by a widow in dower or by other life 
tenant may be disposed of by will as other personalty, also 
rents and other periodical payments accrued to a life ten- 
ant or to any person entitled under laws regulating the 
descent and partition of real estate. 

Personal estate may be bequeathed by nuncupative will 
made during the last sickness in the testator's habitation 
or dwelling or where he has resided for ten days or more 



634 INSTRUCTION IN REAL ESTATE 

next before the making of such will, also in case he be 
surprised by sickness while away from his own house and 
shall die before returning thereto, but where the sum or 
value so bequeathed exceeds $80 it shall be proved that the 
testator at the time of pronouncing the bequest did bid the 
persons present or some of them to bear witness that such 
was his will or to that effect; and in all cases the fore- 
going requisites shall be proved by three or more wit- 
nesses who were present at the making of the will. 

A devise of real .estate to a person Avithout referring to 
his heirs or using words of inheritance or perpetuity, 
passes all the estate of the testator therein, unless a con- 
trary intent appear. The real estate acquired by a testa- 
tor after making his will shall pass by a general devise, 
unless a contrary intention be manifest on the face of the 
will. If there be a devise or legacy in favor of a child or 
other lineal descendant, or where there is no lineal de- 
scendant, in favor of a brother or sister or the deceased 
children of a brother or sister, it shall not lapse or become 
void by reason of the devisee or legatee dying in the life- 
time of the testator provided they have issue surviving 
the testator, and in such case the issue will take the devise 
or legacy. If any person make a last will and testament, and 
afterwards marry or have a child or children not provided for 
in such will, and die, such widow or child shall share in his 
estate as if no will had been made, whether such child be born 
before or after his death. If a single woman made a will and 
marry, it is thereby revoked. 

A married woman may make a will of her separate estate, 
but cannot defeat her husband's interest therein. A will must 
be proved and recorded in surrogate's office. 

NOTARY PUBLIC. 
Applicant must Ije a citizen. Women are eligible. Applica- 
tion should be made to the Secretary of State, who will notify 
when to appear and take oath of office. Appointment is made 
by the Governor. Fee $5.00. Term of office five years. Fees, 
Protesting foreign bills $1.75; protesting notes and inland bills 



AND FTRK TNSURANCF. 635 

each $100., $1.50; less than $too., $1.30. Forfeit for each over- 
charge $25., with cost of collection. 

LAW CONCERNING ACKNOWLEDGMENTS TAKEN 
OUTSIDE THE STATE. 

Acknowledgments made out of the state of deeds, mort- 
gages and other instruments concerning land for recording in 
New Jersey may be made before a New Jersey commissioner 
(who must attest to all his official acts by an official seal), a 
judge of a federal court, a justice or judge of the supreme or 
superior court of any state or territory or in the District of 
Columbia, a master in chancery of New Jersey, a mayor or 
other chief magistrate of a city duly certified under the seal of 
such city or a judge of a court of common pleas of the state, 
district or territory where taken or before any officer author- 
ized at the time to take the acknowledgment or proof of deeds 
of land in the state where taken ; provided that such certificate 
or proof shall in all respects conform to the laws of this state, 
and shall be accompanied by a certificate under the great 
seal of the state or territory or under the seal of some court of 
record of the county in which it was or shall be made, that the 
officer before whom such acknowledgment was or shall be 
made was, at the time of taking such acknowledgment auth- 
orized by the laws of such state or territory to take the same 
in such state or territory. 

Without the LInited States, before any public minister, con- 
sul, vice-consul, charge d'afifairs or other representative of the 
United States at any foreign court or government, any court 
of law, or mayor or other chief magistrate of a city, borough 
or corporation. 

NEW MEXICO. 
STATUTE LAW RELATING TO DEEDS. 
If a deed is not recorded, a subsequent purchaser or mort- 
gagee, for value, not knowing of the previous transfer, will 
be preferred to the first purchaser. A deed need not be wit- 
nessed to render it valid. Deeds must be under seal, but a 



636 INSTRUCTION IN REAL ESTATfi 

scroll seal is sufficient. They should he acknowledged. Hus- 
band must join in deed transferring wife's realty. 

STATUTE LAW RELATING TO MARRIED WOMEN. 
A married w^oman may make any contract (except a con- 
veyance of or contract affecting real estate, in which the hus- 
band must join), with the consent of the husband, either by 
parol or under seal, which she might make if unmarried, and 
shall be bound thereby. She is responsible for her torts and her 
property is liable for her debts and torts to the same extent as 
if she were unmarried. Husband and wife may contract with 
each other. If either spouse have cause for divorce against 
the other, he or she may on application to the district court 
have a decree debarring him or her, so furnishing cause for 
divorce, from any and all right or estate in the lands of the 
person making such application, and that such person, so ap- 
plying shall have full authority to sell or alienate such lands 
without the consent or signature of the offending party ; and 
if such application shall appear well founded, the court shall 
grant the same, but may make such limitations upon such 
powders so granted as may seem just in the premises. And 
such decree, being recorded in the office of the recorder of 
deeds of the proper county shall be notice to all persons of its 
contents. The act neither affects anti-nuptial contracts nor 
releases a husband from liability for the torts of his wife. 

WARRANTY DEED. 

This indenture made the .... day of in the year 

of our Lord one thousand nine hundred and between 

J. J., of the city of in the state of and Mary, 

his wife, parties of the first part, and W. B., of , and 

state aforesaid, of the second part; witnesseth, that the said 
parties of the first part, for and in consideration of the sum of 

dollars, lawful money of the United States of 

America, to them in hand paid by the said party of the second 
part, at and before the ensealing and delivery hereof, the re- 
ceipt whereof they do hereby confess and acknowledge, ha. . 



AND FIRE INSURANCE. 637 

granted, bargained, sold and conveyed, and by these presents 

do gi'^nt, bargain, sell, convey and confirm unto the 

said part of the second part heir^ and assigns 

forever, all the following described lot •. . . . or parcel 

of land, situate, lying and being in the county of , and 

territory of New Mexico, to wit : 

Together with all and singular the hereditaments and ap- 
purtenances thereunto belonging, or in anywise appertaining, 
and the reversion and reversions, remainder and remainders, 
rents, issues and profits thereof, and all the estate, right, title, 

interest, claim and demand whatsoever of the said part 

of the first part, either in law or equity, of, in and to the above 
bargained premises, with the hereditaments and appurtenances. 

And the said party of the first part, for . .self. . and .... 
heirs, executors and administrators, hereby covenant to war- 
rant and defend the title to the above bargained premises to 
the said part .... of the second part .... heirs or assigns, 
against all persons, claiming the same by, through or under. . . 

To have and to hold the said premises above bargained and 
described, with the appurtenance unto the said party ... of the 
second part .... heirs and assigns forever. 

In witness whereof, the said parties of the first part havo 
hereunto set their hands and seals, the day and year first above 
written. 

J. J. (seal.) 
Mary J. (seal.) 

Signed, sealed and delivered in the presence of 
E. A. 
R. M. 
Territory of New Mexico, County of , ss : 

On this .... day of 19 . ., before m^ personally ap- 
peared to me known to be the person. . described in 

and who executed the foregoing instrument, and acknowl- 
edged that executed the same as .... free act and deed. 

Witness my hand and seal the day and year last above writ- 
ten Notary Public County, N. M. 

My commission expires 19 ... 



638 INSTRUCTION IN REAL ESTATE 

MORTGAGE FORM. 

This indenture witnesseth that A. B., of party of 

the first part, (if the mortgage is that of a married man and 
the wife joins, as is commonly the case, to extinguish her 
dower or other rights, insert "and Mary B., his wife" and 
make other corresponding changes below. If the land mort- 
gaged belongs to a married woman insert "and , her 

husband," and make other necessary changes below,) in con- 
sideration of dollars to him paid by C. D., party 

of the second part, the receipt whereof is hereby acknowl- 
edged, does hereby give, grant, bargain, sell, release, convey 
and confirm to the said C. D., his heirs ("successors" instead 
of "heirs" if mortgage is to a corporation) and assigns forever 

the following described premises, situate in the of 

county of and state of , (de- 
scribe it so that it may be accurately identified) and all the 
right, title and interest of the said A. B. either in law or 
equity, in and to the said premises; together with all the 
appurtenances to the same belonging. To have and to hold 
the same unto the said C. D., his heirs and assigns forever, 
and the said A. B., for himself and his heirs , executors and 
administrators, hereby covenants with the said C. D., his 
heirs and assigns that he, the said A. B., is lawfully seized 
of the said premises, in fee simple, and has full right and 
power to convey the same, that the title and premises so 
conveyed are clear and unincumbered; (if there are any ex- 
ceptions to this state them) and further, that he will warrant 
and defend the same against all claim or claims of all persons 
whomsoever. Provided, nevertheless, that whereas the said 
A. B., has executed and delivered unto the said C. D., a cer- 
tain (bond, promissory note, or as the case may be) bearing 
even date herewith (then proceed to further describe it so 
that it may be identified with certainty, or, if short, a copy 
of it may be here inserted, the fact being stated that it is a 
copy). 

Now if the said A. B., his heirs, executors, administrators 



AND FIRE INSURANCE. 639 

or assigns shall pay said debt or sum of dollars and 

interest which shall accrue thereon to the said C. D., his 
heirs or assigns, according to the tenor thereof, then this 
mortgage shall be void. 

In witness thereof, the said A. B has hereunto 

set his hand and seal this day of in the 

year of our Lord 

A. B. (seal.) 

Signed and acknowledged in presence of 
E. F. 
G. H. 
Territory of New Mexico, County of ss : 

On this day of 19. . before me person- 
ally appeared to me known to be the person 

described in and who executed the foregoing instrument, and 

acknowledged that executed the same as 

free act and deed. 

Witness my hand and seal the day last above written. 

Notary Public County, New Mexico. 

]\Iy commission expires , 19. . 

STATUTE LAW ON CHATTEL MORTGAGES. 
All personal property except growing crops is subject to 
mortgage. Mortgages must be acknowledged and recorded 
to be good against subsequent purchasers or mortgagee's. 

CHATTEL MORTGAGE. 

Know all men by these presents, that residing in 

county of state of , party of the 

first part, being justly indebted to residing in 

party of the second part, in the sum of dollars, 

which is hereby confessed and acknowledged, has, for the 
purpose of securing the payment of said debt, granted, bar- 
gained, sold and mortgaged, and by these presents does grant, 
bargain, sell and mortgage unto the said party of the second 
part, his heirs and assigns, all that certain personal property 
described as follows, to wit: (Describe it and state where it 



640 INSTRUCTION IN REAL ESTATE 

is and in whose possession), all of which property the party 
of the first part covenants is free and clear from all liens and 
encumbrances, (here mention Exemptions, if any) and the 
said party of the first part for himself, his heirs, executors 
and administrators, all and singular, the goods, chattels and 
personal property above bargained and sold, unto the said 
party of the second part, his executors, administrators and 
assigns against him the said party of the first part, and 
against all and every other person or persons, whomsoever, 
shall and will warrant and forever defend. 

To have and to hold, all and singular said goods, and chat- 
tels, unto the said party of the second part, his heirs and 
assigns, forever; provided, always, and these presents are 
upon this express conditions : That if the said party of the 
first part shall pay or cause to be paid unto the said party of 

the second part, his heirs or assigns, the sum of dollars, 

according to the conditions of two (or as the case may be) 

certain promissory notes, executed by payable to 

at viz. $ dated due 

with interest at per cent, per annum, until paid (or 

omitting all after "promissory notes" and inserting "of which 
the following are copies" and then insert copies, or if the 
indebtedness is not represented by promissory notes its char- 
acter may be otherwise indicated.) Then these presents to 
be void and of no effect. And provided further, that until 
default be made by the said party of the first part in the per- 
formance of the conditions aforesaid, it shall and may be 
lawful for him to retain possession of the said goods and 
chattels, and to use and enjoy the same ; but in case default 
should be made in the payment of said or the inter- 
est therein mentioned, according to its tenor, or if said goods 
and chattels, or any part thereof, should be attached or claimed 
by any other person or persons, at any time before payment, 
or if the said party of the first part shall attempt to sell or re- 
move the same without the authority or permission of the said 
party of the second part, in writing expressed, then it shall 



AND FIRE INSURANCE. 64I 

be lawful for the said party of the second part to 

take immediate and full possession of the whole of said goods 
and chattels to his own use, and sell the same in manner and 
form as now prescribed by Jaw, and out of the money arising 

from such sale to pay and all charges touching the 

same, rendering and paying surplus, if any, in accordance 
with the form of the statute in such case made and provided. 

In witness whereof, the said party of the first part here- 
unto sets his hand and seal this day of 

A. D., 19. . 

(Seal.) 

Witness. 



Territory of New Mexico, County of , ss : 

On this day of , 19. ., before me personally 

appeared to me known to be the person. . described 

in and who executed the foregoing instrument, and ac- 
knowledged that executed the same as free 

act and deed. 

Witness my hand and seal the day and year last above 

w^ritten. 

Notary Public, County, N. M. 

My commission expires , 19. . 

BILL OF SALE FORM. 

Know all men, by these presents, that I, A. B., of , 

in consideration of the sum of dollars to me in hand 

paid by C. D., of the same place, at and before the enseal- 
ing and delivering of these presents, the receipt whereof I 
do hereby acknowledge, (or if the consideration be differ- 
ent state it), have bargained, sold, released, granted, and 
confirmed, and by these presents, do bargain, sell, release, 
grant, and confirm, unto the said C. D., all the following 
goods, household stuff, and implements of household (or 
as the case may be) (here describe each article so it can 
be identified) now remaining and being (mention where 



642 INSTRUCTION IN REAL ESTATE 

they are) to have and to hold all and singular the said 
goods and chattels, etc., and every one of them, by these 
presents bargained, sold, released, granted, and confirmed, 
unto the said C. D., his heir§, executors, administrators, 
and assigns, to his and their only proper use and behalf 
forever. A. B. (seal.) 

Signed, sealed and delivered in presence of 
E. G. 
A. R. 

LEASE FORM. 

This indenture made and executed this day of 

, A. D., 19. ., between of , of the first 

part, and of , of the second part, v^itnesseth 

that in consideration of the rents and covenants herein- 
after expressed, the said party of the first part has demised 
and leased, and does hereby demise and lease to the said 

party of the second part the following premises, 

viz. : (describe them) with the privileges and appurten- 
ances, for and during a term of from the ...... 

day of , 19. ., which term will end And the 

said party of the second part covenants that he will pay 
to the party of the first part, for the use of said premises, 

the yearly rent of dollars ($ ), to be paid monthly 

in advance in equal installments, without demand therefor 
being made by the party of the first part. 

And provided, said party of the second part shall fail 
to pay said rent, or any part thereof, when it becomes due, 
it is agreed that said party of the first part may sue for the 
same, or re-enter said premises, or resort to any legal 
remedy. 

The party of the part agrees to pay all 

taxes to be assessed on said premises during said term. . . . 

The party of the second part covenants that at the ex- 
piration of said term he will surrender up said premises to 
the party of the first part in as good condition as now, 
necessary wear and damage by the elements excepted. 



AND FIRE INSURANCE. 643 

Witness the hands and seals of the said parties the day 
and year first above written A. B. (seal.) 

C. D. (seal.) 
Signed, sealed and delivered in presence of 
E. F. 
G. H. 
Note. Leases should be made in duplicate, one for each 
party. 

EXEMPTION AND HOMESTEAD LAWS. 
Every head of a family and every widow may hold the 
following property exempt from execution, attachment or 
sale, for any debt, damage, fire or amercement, to wit : 

1. W^earing apparel, beds and bedding, one cooking 
stove, one heating stove, fuel actually provided, sufBcient 
for sixty days. 

2. One cow, or in lieu thereof, household furniture 
not to exceed $30 in value ; two swine or the pork there- 
from, or in lieu thereof, household furniture not exceeding 
$15 in value; six sheep and their wool and the cloth made 
therefrom ; or in lieu thereof, household furniture not to 
exceed $20 in value ; sufficient food for such animals for 
sixty days. 

3. Bibles, etc. 

4. Provisions actually provided for use, not exceeding 
$50 in value and other articles of furniture not to exceed 
$200 in value. 

5. One sewing machine, one knitting machine, one gun 
and tools and implements necessary for debtor to carry on 
his trade or business, not to exceed $150 in value. 

6. The personal earnings of a debtor for sixty days 
next preceding his application for exemption, when it is 
made to appear that such earnings are necessary for the 
support of such debtor, his Avife or family, shall be exempt 
from execution and forced sale ; provided that such exemp- 
tions shall not apply to debts incurred for manual labor or 
for necessaries. 



644 INSTRUCTION IN REAL ESTATE 

All articles, specimens and cabinets of natural history 
or science, except such as may be intended for pecuniary 
gain. 

Draymen shall have additional exemptions as follows : 
one horse, harness and wagon. 

Every head of a family being engaged in agriculture 
shall have additional exemptions, as follows : Two horses 
or one yoke of cattle, with gearing for same, and one 
wagon; and every head of a family engaged in the prac- 
tice of medicine shall have the following additional exemp- 
tions : One horse, one saddle and bridle, and also books, 
medicines and instruments pertaining to his profession 
not to exceed $100 in value. 

Every unmarried woman may hold exempt the follow- 
ing property: Wearing apparel not exceeding $150; one 
sewing machine; one knitting machine; if engaged in 
teaching music, one piano or organ; Bible, books, etc., not 
exceding $50 in value. 

Heads of families practicing law, shall have additional 
exemptions as follows : Books pertaining to the profession, 
not to exceed $500 in value. 

Beneficiary funds not to exceed $5,000 provided for the 
wife or any member of the family of a decedent shall be 
exempt as regards the debts of the decedent. 

The proceeds of life insurance are also exempt. 

Head of family entitled to homestead exemption $1,000 
in value, may be claimed by wife if husband has aBandoned 
her or does not assert right. 

Same exempt to widow so long as unmarried daughter 
or unmarried minor son resides Avith her thereon and, upon 
death of widow, unmarried minor children actually resid- 
ing thereon shall hold same exempt. Head of family, re- 
siding in territory and having no homestead, entitled to 
$500 exemptions out of personal property, in addition to 
his other chattel exemptions. 



AND FIRE INSURANCE, 645 

STATUTE LAW ON FENCES. 

A land owner need not fence cattle ont. A man, if he 
choose, may build and maintain within his own boundary 
on his own land a fence, and escape the obligation of main- 
tenance as to division fence. 

Fences made of three spans of barbed wire or of two 
spans with a wooden rail on top, are lawful. 

STATUTE LAW ON LIMITATION. 
Title to Real Estate may be acquired by uninterrupted 
adverse possession for ten years. Suits to recover land 
must be brought within seven years after the right accrued 
to the claimant or his predecessor in title ; those on written 
contract or obligation within six years ; those for other 
debts in general within four years, and those for injuring 
or taking personal property from the time the right of 
action accrued, unless the party claiming be a minor, non 
compos mentis, imprisioned, or beyond sea. 

DECEDENT'S DEBTS. 

Order of preference : 

I. Expenses of administration. 2. Charges of last 
sickness and funeral of the deceased. 3. Allowance by 
the court for the maintenance of widow and children under 
the age of fifteen years (sufficient to maintain them for 
six months from the death of the deceased). 4. Claims 
entitled to preference by express provision of the laws of 
the United States. 5. Taxes. 6. All other debts. 7. 
Legacies. 

STATUTE LAW RELATING TO DESCENT AND 
DISTRIBUTION WHEN NO WILL IS LEFT. 
There is neither dower nor curtesy. Community and 
separate property systems of Spanish and Mexican law in 
general prevail, and, under same : Separate property con- 
sists of that owned by spouses at the time of marriage, 
or acquired during same, by inheritance, donation or leg- 
acy, and is subject to private debts and such other debts 



646 INSTRUCTION IN REAL ESTATE 

as are incurred for necessities. Community or acquest 
property consists of all other property, including the in- 
crease of the separate property of each spouse, and is sub- 
ject to community debts, which are: i. Money borrowed 
by husband. 2. Rents and taxes, to which separate prop- 
erty is liable. 3. Necessaries of life. 4. Those incurred 
respecting community property. 5. The dotal portion 
promised by the husband alone during marriage, to a child 
at its marriage. 

Community property is treated as the property of a part- 
nership between husband and wife, but all property, both 
community and separate, is under the control of the hus- 
band, and he may dispose of his wife's personal property 
during the marriage. 

After the discharge of community debts, one-half of 
the community property belongs absolutely to the surviv- 
ing spouse. The remaining one-half, with the separate 
property of the deceased, constitutes the estate for distri- 
bution, and in the absence of will, is devisable as follows : 

One-fourth to the surviving spouse and three-fourths to 
children, in equal parts. Heirs of the deceased take shares 
of their ancestors per stirpes. If an intestate leave no de- 
scendants, the whole of the estate descends to the sur- 
viving spouse ; if he leave no other spouse nor descendants, 
to the parents, or survivor of them ; if he leave no wife, 
descendant or parent, the estate shall be disposed of as 
though parents had died possessed of and owning the 
portion falling to the share of each by the above rule, if 
living; and so on through the ascending line and their 
issue. If no heirs are thus found, the estate shall go to 
the heirs of the deceased spouse or spouses, they taking 
by representation (per stirpes). Uninherited property 
escheats to the territory. Illegitimate children inherit from 
the mother, and vice versa, and also from the father, if 
he has generally and notoriously recognized them as his 
own, or has done so in writing. But they shall inherit only 
where the father has no legitimate children. If recognition 



AND FIRE INSURANCE. 647 

has been mutual between father and his illegitimate chil- 
dren, he shall inherit from them, but the mother and her 
heirs take precedence. 

Posthumous children inherit as others. 

The entire estate of a decedent is presumed to be com- 
munity property, and the burden of proving any portion 
of it to have been separate property rests upon the person 
so alleging. A widow is, after inventory, entitled to have 
set apart to her as her absolute property and to hold 
exempt from decedent's debts, all personal property which 
w^ould have been exempt in hands of her husband as head 
of family. 

DISTRIBUTION OF PROPERTY BY WILL. 

Every sound minded person of the age of twenty-one 
years, may dispose of real and personal property by will, 
either verbal or written. If in writing, the will shall be 
signed by the testator, if able, if not, by some person whom 
he may request and shall be attested by two or more duly 
qualified Avitnesses, Avho must see the testator or some 
one for him, at his request, sign, and must sign at the re- 
quest of the testator, in his presence and in the presence 
of each other. If the will be verbal, two additional wit- 
nesses, of like qualifications, are required, to testify that 
the testator was of sound mind and entire judgment. A 
beneficiary under a wdll cannot be a w^itness to it. Any 
person having no direct heir, although having a legal heir, 
may make a stranger his heir. But married persons may 
constitute each other their heirs. One capal^le of making 
a Avill, may, by an instrument executed in accordance with 
the requirements for the execution of wills, authorize an- 
other to make his last will and testament. Probate judges 
have jurisdiction to qualify wills. 

NOTARY PUBLIC. 
Applicant must be a citizen. Application should be 
made to the Secretary of State who will notify when to 



648 INSTRUCTION IN REAL ESTATE 

appear and take oath of office. Appointment is made by 
the Governor. Fee, $5 and bond for $500. Term of office, 
four years. Fees — Protest and certificate, $2; notice of 
protest, 25 cents ; taking acknowledgment, 25 cents ; ad- 
ministering oath, 5 cents. 

LAW CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 
Acknowledgments made out of the state, of deed, mort- 
gages and other instruments concerning land or personal 
property for recording in New Mexico, may be made be- 
fore a notary public in this or any other country, or 
before any officer or magistrate in the United States 
authorized to take acknowledgments by the local law. 
They may also be made in foreign countries before ambas- 
sadors or other United States officers exercising minis- 
terial functions. 

NEW YORK. 

STATUTE LAW RELATING TO DEEDS. 
If a deed be not recorded a subsequent purchaser or 
mortgagee for value, not knowing of the previous trans- 
fer will have preference to the first purchaser, if his deed 
be first recorded. They must be under seal but a scroll 
seal is sufficient. They must be acknowledged before an 
officer authorized to take acknowledgments and the Avife 
must join in the deed or mortgage with her husband to 
release her dower right, but a wife who owns real estate 
in her own name may convey without her husband's join- 
ing in the deed or mortgage. 

STATUTE LAW RELATING TO MARRIED 
WOMEN. 
A married woman has the same right and power con- 
cerning property and to contract, sue and be sued, as if un- 
married, and she can be legally bound as surety, guarantor 
or accommodation endorser, she may sue her husband for 



AND FIRE INSURANCE. 649 

divorce or to protect her separate property when he has 
deserted and separated himself from her without sufficient 
cause, or neglected or refused to support her, he may sue 
her only except under like circumstances, excluding* the 
matter of support. If a wife be insane, by proper pro- 
ceedings in court and giving security, the husband may 
have her estate placed in his care. If a wife do not join in 
a deed for her husband's realty and he die first she will 
have dower therein (one-third for life). 

The husband is liable for the support of his family. The 
wife is not liable for necessaries for the family unless she 
specifically consent that they be charged against her sepa- 
rate estate. 

FULL COVENANT WARRANTY DEED. 

This indenture made this day of , in the 

year of our Lord one thousand and nine hundred ....... 

between , of (insert residence), of the first part, 

and , of (insert residence), of the second part. 

Witnesseth, that the said party of the first part, in con- 
sideration of dollars lawful money of the United 

States, paid by the said party of the second part, doth 
hereby grant and release unto the said party of the second 
part, his heirs and assigns forever (insert description) 
together with the appurtenances and all the estate and 
rights of the party of the first in and to the said premises. 

To have and to hold the above granted premises unto 
the said party of the second part, his heirs and assigns 
forever. And the said party of the first part doth cove- 
nant Avith the party of the second part as follows : 

First. That the party of the first part is seized of said 
premises in fee simple, and has good right to convey the same. 

Second. That the said party of the second part shall 
quietly enjoy said premises. 

Third. That the said premises are free from incum- 
brances. 



650 INSTRUCTION IN REAL ESTATE 

Fourth. That the party of the first part will execute or 
procure any further necessary assurance of the title to said 
premises. 

Fifth. That the party of the first part will forever war- 
rant the title to said premises. 

In witness whereof, the said parties of the first part 
have hereunto set their hands and seals, the day and year 
first above written. J. J. (seal.) 

Mary J. (seal.) 

Signed, sealed and delivered in the presence of 
E. A. 
R. M. 

(The warranty deed is in the same form except that the 
covenants "First," "Third" and "Fourth" are omitted.) 
State of New York, County of ss : 

On this day of , 19. ., before me, the sub- 
scriber, personally came , to me known, and known 

to me to be the same person. . described in and who exe- 
cuted the same. (Name and official character.) 



MORTGAGE FORM. 

This indenture, made the day of in the 

year .... hundred and , between , of , 

party of the first part and , of , party of the 

second part. 

Whereas the said is justly indebted to the said 

party of the second part in the sum of , dollars, 

law^ful money of the United States, secured to be paid by 
his certain bond or obligation, bearing even date here- 
with, conditioned for the payment of the said sum of 

dollars on the day of , nineteen hundred and 

and the interest thereon to be computed from 

at the rate of .... per centum per annum, and to 

be ])ai(l 

It being thereby ex])ressly agreed tliat tlie whole of the 
said ])i-ineii)al sum shall become due after default in the 
])a\iiiei)t of interest as herein proxided. 



AND FIRE INSURANCE. 65I 

Now this Indenture witnesseth, that the said party of 
the first part for the better securing of the payment of the 
said sum of money mentioned in the condition of the said 
bond or obligation, with interest thereon, and also for and 
in consideration of one dollar, paid by the said party of 
the second part, the receipt Avhereof is hereby acknowl- 
edged, doth hereby grant and release unto the said party 
of the second part, and to his heirs (or "successors") and 
assigns forever (insert description of property), together 
with the appurtenances, and all the estate and rights of 
the party of the first part in and to said premises. To have 
and to hold the above granted premises unto the said 
party of the second part, his heirs and assigns forever. 
Provided always, that if the said party of the first part, 
his heirs, executors or administrators, shall pay unto the 
said party of the second part, his executors, administra- 
tors or assigns, the said sum of money mentioned in the 
condition of said bond or obligation, and interest thereon, 
at the time and in the manner mentioned in the said con- 
ditions, that then these presents, and the estate hereby 
granted, shall cease, determine and be void. And the said 
party of the first part covenants with the party of the sec- 
ond part as follows : 

1. That the party of the first part will pay the indebtedness 
as hereinbefore provided, and if default be made in the 
payment of any part thereof, the party of the second part 
shall have power to sell the premises therein described 
according to law. 

2. That the party of the first part will keep the build- 
ings on the said premises insured against loss by fire for 
the benefit of the mortgagee. 

3. And it is hereby expressly agreed that the whole of 
said principal sum shall become due at the option of the 
said party of the second part after default in the payment 
of the interest for days after notice and demand. 

In witness whereof, the said party of the first part hath 



652 INSTRUCTION IN REAL ESTATE 

hereunto set his hand and seal, the day and year first 
written. (seal.) 

In presence of 

State of New York, County of , ss : 

On this day of , 19. ., before me, the sub- 
scriber, personally came , to me known, and known 

to me to be the same person described in and who executed 
the foregoing instrument and he duly acknowledged that 
he executed the same. (seal.) 

BOND TO BE EXECUTED IN CONJUNCTION 
WITH FOREGOING MORTGAGE. 

Know all men by these presents. That of (insert 

residence) held and firmly bound unto of (insert 

residence) in the sum of dollars ($....), lawful 

money of the United States, to be paid to the said 

executors, administrators or assigns ; for which payment 
to be made bind heirs, executors and admin- 
istrators firmly by these presents. Sealed with 

seal. Dated the day of one thousand 

hundred 

The condition of the above obligation is such that if 
the above bounden heirs, executors or administra- 
tors shall pay, or cause to be paid unto the above named 

executors, administrators or assigns, the sum of 

dollars ($....) (insert conditions and terms of 

payment) then the above obligation to be void, otherwise 
to remain in full force and virtue. 

And it is hereby expressly agreed, that the whole of 
said principal sum shall become due at the option of the 
said ...... after default in the payment of any installment 

of principal, or interest for days after notice or de- 
mand. 

And it is agreed that the said party of the first part will 
keep the buildings on the premises described in the said 
mortgage insured against loss by fire for the benefit of the 



AND FIRE INSURANCE. 653 

herein 
lars ($ ), 



mortgagee therein in an amount not less than dol- 



(seal.) 

In presence of 



State of New York, County of , ss : 

On this day of , 19. ., before me, the sub- 
scriber, personally came , to me knoAvn, and known 

to me to be the same person described in and who executed 
the foregoing instrument and he duly acknowledged that 
he executed the same. (seal.) 

DISCHARGE OF MORTGAGE. 

I, , do hereby certify, that a certain indenture of 

mortgage, bearing date the day of in the 

year of our Lord one thousand nine hundred and , 

made and executed by , recorded in the office of the 

clerk of the county of state of New York, in liber 

.... of mortgages, page .... on the day of , 

19. ., at o'clock .... M., is redeemed, paid 

of¥, satisfied and discharged. 

Dated the day of , 19. . 

(seal.) 

State of New York, county of , ss : 

On this day of A. D., 19. ., before me personally 

appeared to me personally known to be the same 

person described in and who executed the foregoing in- 
strument, and he acknowledged to me that he exe- 
cuted the same. 



STATUTE LAW RELATING TO CHATTEL 

MORTGAGES. 

Chattel mortgages must be accompanied by immediate 

delivery of mortgaged goods to mortgagee or a true copy 

thereof to be filed and recorded in manner provided by 

law in such cases. They must be renewed by filing a copy 



654 INSTRUCTION IN REAL ESTATE 

with a statement of the amount due, within thirty days 
next preceding the expiration of the year or" they become 
void as to creditors and purchasers. May be discharged 
by presenting to the officer in whose office it is filed, a 
certificate from the mortgagee or the holder or owner of 
the mortgage, that such mortgage is paid or satisfied. 

CHATTEL MORTGAGE. 

Know all men by these presents, that ....... residing 

in , county of , state of , party of the 

first part, being justly indebted to , residing in 

, party of the second part, in the sum of dol- 
lars, which is hereby confessed and acknowledged, has, 
for the purpose of securing the payment of said debt, 
granted, bargained, sold and mortgaged, and by these 
presents does grant, bargain, sell and mortgage unto the 
said party of the second part, all that certain personal prop- 
erty described as follows, to wit: (Describe it and state 
where it is and in whose possession), all of which property 
the party of the first part covenants is free and clear from 
all liens and encumbrances (here. mention Exemptions, if 
any), and the said party of the first part for himself, his 
heirs, executors and administrators, all and singular, the 
goods, chattels and personal property above bargained and 
sold, unto the said party of the second part, his executors, 
administrators and assigns, against him the said party of 
the first part, and against all and every other person or 
persons, whomsoever, shall and will warrant and forever 
defend. 

To have and to hold, all and singular, said goods and 
chattels, unto the said party of the second part forever ; 
provided, always, and these presents are upon this express 
condition : That if the said party of the first part shall pay 
or cause to be paid unto the said party of the second part 

his heirs, or assigns, the sum of dollars, according 

to the conditipiis of two (or as the case may be) certain 



AND FIRE INSURANCE. 655 

promissory notes, executed by pa3^able to , 

at , viz., $ , dated due with 

interest at .... per cent, per annum, until paid (or omitting* 
all after ''promissory notes" and inserting ''of which the 
following are copies" and then insert copies, or if the in- 
debtedness is not represented by promissory notes its 
character may be otherwise indicated.) Then these pres- 
ents to be void and of no effect. But in case of non-pay- 
ment of the said debt and interest at the time above men- 
tioned, then the said mortgagee, or his representatives or 
assigns, shall have full power to enter upon the premises 
of the said party of the first part, or any other place or 
places where the goods and chattels aforesaid may be, to 
take possession of the said property, to sell the same at 
public or private sale, and the avails, after deducting all 
expenses of the sale and keeping of the said property, to 
apply in payment of the above debt; and in case the said 

, or his assigns, shall at any time deem himself or 

said property, debt or security unsafe, it shall be lawful for 
him to take possession of said property, and to sell the 
same at public or private sale, previous to the time men- 
tioned for the payment of said debt, applying the proceeds 
as aforesaid, after deducting all expenses for the sale and 
keeping of the said property. And the said mortgagee, 
his heirs, executors, administrators or assigns, may pur- 
chase at any such sale, in the same manner and to . the 
same effect as a person not interested herein. If from 
any cause said property shall fail to satisfy said debt, inter- 
est costs and charges ...... covenants and agrees to pay 

the deficiency. 

In witness whereof, the said party of the first part here- 
unto sets his hand and seal this day of A. 

D., 19. . (seal.) 

Witness: 



656 INSTRUCTION IN REAL ESTATE 

STATUTE LAW ON BILLS OF SALE. 

Conditional sales of personal property must be accom- 
panied by immediate delivery, and followed by actual and 
continued change of possession of the things contracted 
to be sold; all conditions and reservations v^hich provides 
that the ownership of such goods and chattels shall re- 
main with the seller until they are paid for, or until the 
occurring of any future event or contingency, shall be void 
as against subsequent purchasers and mortgagees in good 
faith; and as to them the sale shall be deemed absolute 
unless such contract for sale, with such conditions and res- 
ervations, or a copy thereof shall be filed in the same man- 
ner as a chattel mortgage. If conditional vendee be a 
railroad corporation the instrument must be filed in each 
county clerk's office through which the railroad passes. 

A bill of sale of personalty is good between the parties 
thereto, but not as to third parties, such as creditors of 
the seller, if he retain possession. It must be filed, to be- 
come an absolute bill of sale, in office of town clerk of 
town where goods are situated. 

BILL OF SALE FORM. 
Know all men, by these presents, that I, A. B., of ....... 

in consideration of the sum of dollars to me in hand 

paid by C. D., of the same place, at and before the enseal- 
ing and delivering of these presents, the receipt whereof 
I do hereby acknowledge, (or if the consideration be dif- 
ferent state it), have bargained, sold, released granted, 
and confirmed, and by these presents, do bargain, sell, 
release, grant, and confirm, unto the said C. D., all the 
following goods, household stuff, and implements of 
household, (or as the case may be) (here describe each 
article so it can be identified) now remaining and being 
(mention where they are) to have and to hold all and 
singular the said goods and chattels, etc., and every one 
of them, by these presents bargained, sold, released, 
granted, and confirmed, unto the said C. D., his heirs, ex- 



AND FIRE INSURANCE. 657 

ecutors, administrators, and assigns, to his and their only 
proper use and behalf forever. 

Witness my hand and seal, this fourth day of , 

A. D., 19 A. B. (seal.) 

Signed, sealed and delivered in presence of 
E. G. 
A. R. 

STATUTE LAWS RELATING TO LANDLORD 
AND TENANT. 

Li proceedings to obtain possession of premises by rea- 
son of a tenant holding over and not paying rent ; three 
day's notice should be given tenant by landlord and if not 
complied with summary proceedings are instituted before 
a justice or magistrate and an order to show cause granted. 

In cases where term has expired, thirty days' notice is 
required and similar proceedings are instituted if notice 
poves ineffectual. 

LEASE FORM. 

This indenture made and executed this day of 

, A. D., 19. ., between of , of the first 

part, and of , of the second part, witnesseth 

that in consideration of the rents and covenants herein- 
after expressed, the said party of the first part has demised 
and leased, and does hereby demise and lease to the said 

party of the second part the following premises, 

viz. : (describe them) with the privileges and appurten- 
ances, for and during a term of from the 

day of 19...., which term will end And 

the said party of the second part covenants that he will 
pay to the party of the first part, for the use of said prem- 
ises, the yearly rent of dollars ($....), to be paid 

monthly in advance in equal installments, without demand 
therefor being made by the party of the first part. 

And provided, said party of the second part shall fail 
to pay said rent, or any part thereof, when it becomes due, 



658 INSTRUCTION IN REAL ESTATE 

it is agreed that said party of the first part may sue for the 
same, or re-enter said premises, or resort to any legal rem- 
edy. 

The party of the part agrees to pay all .... taxes 

to be assessed on said premises during said term. 

The party of the second part covenants that at the ex- 
piration of said term he will surrender up said premises to 
the party of the first part in as good condition as now, nec- 
essary wear and damage by the elements excepted. 

Witness the hands and seals of the said parties the da}^ 
and year first above written. 

A. B. (seal). 
C. D. (seal). 
Signed, sealed and delivered in presence of 
E. R, 
G. H. 
Note. Leases should be made in duplicate, one for each 
party. 

EXEMPTION AND HOMESTEAD LAW. 

A lot of land, with one or more buildings thereon, not ex- 
ceeding in value $1,000 owned and occupied as a residence, 
by a householder having a family, and designated for that 
purpose, is exempt from sale by virtue of an execution is- 
sued upon a judgment, unless the judgment was recovered 
wholly for a debt or debts contracted before the designa- 
tion of the property or for the purchase money thereof. 

The necessary household furniture, working tools and 
team, professional instruments, furniture and library, not 
exceeding in value two hundred and fifty dollars, together 
with the necessary food for the team for ninety days, are 
exempt from levy and sale by virtue of an execution, when 
owned by a person being a householder, or having a family 
for which he provides, except where the execution is issued 
upon a judgment, recovered wholh^ upon one or more de- 
mands, either for work performed in the family as a domes- 
tic, or for the purchase money of articles exempt. 



AND FIRE INSURANCE. 659 

STATUTE LAW RELATING TO FENCES. 

The assessors and commissioners of highways in every 
town are fence viewers. Owners of adjoining tracts of 
land shall maintain equal portions of division fences unless 
they otherwise agree, but an owner may allow lands to lie 
open, but when doing so shall serve notice upon adjoining 
owners of land, and thereafter such adjoining owners shall 
not be liable for damages done by animals lawfully upon 
their premises, going upon the lands so lying open. Dis- 
putes arising as to fences are settled by the fence viewers. 
A person neglecting to make and maintain a division fence 
shall not be allowed to have and maintain an action for 
damages incurred by beasts coming thereon from adjoin- 
ing lands where such beasts are lawfully kept. 

Barbed wire may be used in the construction of any 
division fence with consent of adjoining land owner. If he 
refuse it may be built nevertheless as follows : Four strands 
of wire with a sufficient bar of wood at the top ; and size 
of top bar, and of posts and supports, and their distance 
apart shall be as the fence viewers shall prescribe. But 
the builder, without consent, shall be liable for damages 
caused by such fence. This section does not, however, 
allow railroads to use barb wire along lines contrary to the 
railroad law. 

STATUTE LAWS RELATING TO LIMITATION. 
The following actions must be commenced within the 
following periods after the cause of action has accrued : 
W^ithin forty years, actions on behalf of the people respect- 
ing real property ; within twenty years, an action upon 
sealed instrument ; but where the action is brought for 
breach of covenant of seizing, or against incumbrances, the 
cause of action is deemed to have accrued upon an eviction 
and not before ; within six years, an action upon a con- 
tract, obligation or liability, express or implied, except a 
judgment or sealed instrument; an action to recover upon 



660 INSTRUCTION IN REAL ESTATE 

a liability created by statute, (except a penalty or forfeit- 
ure) ; an action to recover damages for injury to property, 
or a personal injury; an action to recover a chattel. 

DECEDENT'S DEBTS. 
Order of preference : 

1. Costs of the proceedings in surrogate's court. 

2. Money due on contract for purchase of real estate. 

3. Dower of v^idow, if any, shall be set apart and in- 
vested for her benefit. 

4. Judgments and liens upon the real estate which may 
have been sold for the purpose of paying decedent's debts. 

5. Funeral expenses, including a reasonable allowance 
for a monument. 

6. All other debts. 

STATUTE LAW RELATING TO DESCENT AND 
DISTRIBUTION WHEN NO WILL IS LEFT. 

A widow takes one-third of the realty for life and one- 
third of the personalty absolutely, and if there be no issue, 
but collateral heirs or other kindred, she takes the whole 
if it does not exceed $4,000, otherwise she takes $2,000, 
more than one-half. (Even if there be a will she may 
elect to take this in lieu of what the will allows her.) 

A surviving husband has a life estate in the whole of 
his deceased wife's realty if there be issue born alive. He 
shares her personalty equally with her children, the issue 
of any deceased child taking the share of its parent. The 
wife may, however, will her whole estate away from the 
husband. 

Subject to the rights above mentioned, realty clescends 
and personalty is distributed as folloAvs : 

Children share equally. If grandchildren alone or if 
other descendants of any one degree of consanguinity alone 
take the estate, all share equally (per capita). If the de- 
scendants arc of different degrees of consanguinity to the 
intestate, they share per stirpes; that is, the issue of a dc- 



AND FIRE INSURANCE. 66l 

ceased child, grandchild or other descendant taking the 
share the parent would if living. 

In default of issue, subject to the rights of the widow, if 
any, realty goes to the deceased person's father. 

If decedent leave mother and brother or sisters the 
mother takes realty for life, and then it goes to brothers 
or sisters. If a mother and widow, the mother takes realty 
in fee, subject to widow's dower right. 

Personalty goes half to father, if living, and half to 
widow, if any, and other half shall be divided l)etween 
mother and brothers and sisters. 

Subject to the above, the brothers and sisters of the 
whole blood shall take the realty in equal shares, the chil- 
dren of a deceased brother or sister, nephew or niece, tak- 
ing the share of their parent. If there be no brothers or sis- 
ters, but nephews and nieces of the whole blood, they shall 
share per capita. If there be no such brother, sister or 
children or grandchildren thereof, the real estate shall vest 
in the next of kin being the descendants of such brothers or 
sisters. Subject to what precedes, all personal estates go 
to the brothers and sisters of the intestate or their issue, 
as in case of real estate, but without distinction of blood. 

Subject to all the foregoing, real estate descends to 
brothers, and sisters of the half blood and their issue as 
above indicated in case of collaterals of the whole blood. 

In default of all persons above described, the real and 
personal estate will go to the next of kin, but children of 
deceased uncles and aunts shall take the share of their 
parents, as likewise will brothers' and sisters', grandchil- 
dren where their parents and grandparents are dead, and if 
such kin be one or more than one grandparent and there 
are living at the intestate's death descendants of a de- 
ceased grandparent, such descendants of the deceased 
•grandparent shall take his or her share of the real and per- 
sonal property, in equal parts if they all be of the same de- 
gree of consanguinity to the grandparent; and if not, then 
per stirpes. 



662 tNSTRitC'TiON^ IN REAL ESTATK 

Notwithstanding the above, if the real estate became 
vested in the intestate by descent or devise from an ances- 
tor or other relation, such real estate shall pass to the blood 
of such ancestor or other relation only. 

Realty in default of known heirs escheats to the state, 
but never ascends to grandparents. 

Personalty goes to the nearest known next kin, and in 
default of these of any degree, escheats to the state. 

Descendants and relatives of an intestate begotten be- 
fore his death but born after, take as if born in his lifetime. 
Nothing above set forth prevents an intestate in his life- 
time advancing to a child part or all of his or her share. 

The foregoing does not apply to illegitimates, but an 
illegitimate child takes and is known by the name of its 
mother, and it and its issue and mother and grandmother 
respectively take and inherit personalty and realty, and 
transmit the same according to the intestate laws, and ille- 
gitimates born of the same mother leaving neither mother 
nor issue, take and inherit from each other. 

DISTRIBUTION OF PROPERTY BY WILL. 

Every person of sound mind 21 years old may dispose 
of his or her real or personal estate by will in writing, 
which shall be signed at the end thereof by himself and by 
two persons in his presence by his express direction. The 
will must be proved by the oaths or affirmations of two or 
more competent witnesses. A testator may sign by mak- 
ing his sign or cross. 

A devise of real estate to a person without referring to 
his heirs or using words of inheritance or perpetuity, 
passes all the estate of the testator therein unless a con- 
trary intent appear. The real estate acquired by a tes- 
tator after making his will shall pass by a general devise, 
unless a contrary intention be manifest on the face of the 
will. If there be a devise or legacy in favor of a child or 
other lineal descendant, it shall not lapse or become void 
by reason of the devisee or legatee dying in the life time 



AND FIRE INSURANCE. 663 

of the testator, provided such devisee or legatee leave issue 
surviving the testator, and in such case the issue will take 
the devise or legacy. If any person make a last will and 
testament, and afterwards marry or have a child or chil- 
dren not provided for in such will, and die, such will shall 
be deemed revoked unless some provisions shall be made 
for such child, or an intention is shown not to provide for 
it. If a single woman make a Avill and marry, it is thereby 
revoked. 

The probate or refusal of probate of a will, if not con- 
tested within four years, is conclusive as to real estate. No 
nuncupative will shall be valid unless made by a soldier while 
in actual military service or by a mariner while at sea. 

NOTARY PUBLIC. 
Applicant must be a citizen and reside where appointed. 
Women are eligible. Appointment is made by the Gov- 
ernor with the consent of the Senate. Fee — In New York 
or Kings County $io. In any city having a population of 
more than fifty thousand and less than six hundred thou- 
sand, $5.00; elsewhere, $2.50; Term of office, two years 
from. March 30th. Fees — Protest, 75 cents ; notice of pro- 
test, 10 cents ; taking acknowledgment, 25 cents ; adminis- 
tering an oath, 12 cents. 

LAW CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 

Acknowdedgments of instruments concerning real prop- 
erty within the state, may be made without the state, but 
within the United States before : 

A judge of the supreme court, of the circuit court of ap- 
peals, of the district court of the United States. 

A judge of the supreme or superior, or circuit court of 
the state. 

A mayor of a city. 

A commissioner appointed l)y the governor for the pur- 
pose. 



664 INSTRUCTION IN REAL ESTATE 

Any officer of a state authorized by the laws, to take 
acknowledgments or proofs of deeds to be recorded therein. 

They may also be made in foreign countries before am- 
bassadors or other United States officers. In Great Britain 
or Ireland or the dominions thereunto before any officer 
authorized by law to take acknowledgments. 

NORTH CAROLINA. 
STATUTE LAW RELATING TO DEEDS. 
If a deed be not recorded, a subsequent purchaser or 
mortgagee for value, not knowing of the previous transfer 
will have preference to the first purchaser, if his deed be 
,iirst recorded. They are valid without witnesses. They, 
must be under seal, but a scroll seal is sufficient. 

STATUTE LAW RELATING TO MARRIED 
WOMEN. 

A married woman can make no contract to affect her 
real or personal expenses, or for the support of the family 
or to pay her anti-nuptial debts, without the written con- 
sent of her husband. A mortgage or conveyance of her 
realty is void unless her husband join therein and she can- 
not be legally bound as surety, guarantor or accommoda- 
tion endorser, without specifically charging her personal 
estate and with the consent of her husband. 

Husband must be joined with married woman, except 
when the action concerns her separate property, or when 
she sues or is sued by her husband. 

Married woman may become a free trader with the con- 
sent of her husband by anti-nuptial contract or by a paper 
writing signed by herself and husband and registered in 
register's office. The husband is not liable for debts of a 
wife contracted before marriage. 

If a wife do not join in a deed for her husband's realty 
and is not privately examined as to her free consent to the 
execution of such deed or mortgage, and he die first, she 
will have dower therein. 



AND FIRE INSURANCE. 665 

WARRANTY DEED. 

This indenture made the .... day of in the year 

of our Lord one thousand nine hundred and , be- 
tween J. J. of the city of in the state of , and 

Mary, his wife, parties of the first part, and W. B. of . . . ., 
and state aforesaid, of the second part; witnesseth, that 
the said parties of the first part, for and in consideration of 

the sum of dollars, lawful money of the United 

States of America, to them in hand paid by the said party 
of the second part, at and before the ensealing and delivery 
hereof, the receipt whereof they do hereby confess and 
acknowledge, granted, bargained, sold and con- 
veyed, and by these presents grant, bargain, sell 

and convey unto the said part. . of the second part, 

heirs and assigns the following described lot or par- 
cel of land situate or being in the city of , 

State of North Carolina, to wit : To have and 

to hold the said premises, with all the privileges and ap- 
purtenances thereunto belonging unto the said part 

of the second part heirs and assings forever. 

And the said of the first part, covenant that .... 

seized of said premises in fee, and right to convey 

the same, in fee-simple; that the same are free from all in- 
cumbrances, ...... and that will warrant and de- 
fend the title to the same against the claims of all persons 
whomsoever. 

In witness whereof, the said parties of the first part 
have hereunto set their hands and seals, the day and year 
first above written. 

J. J. (seal.) 
Mary J. (seal). 

Signed, scaled and delivered in the presence of 
E. A. 
R. M. 
State of County of , ss. 

I for said county and state, do hereby certify that 



(^(i INSTRUCTION IN REAL ESTATE 

and his wife both of whom are personally 

known to me, appeared before me this day and acknowl- 
edged the due execution of the within deed of conveyance, 
and that they were residents of the county and state afore- 
said ; and the said being by me privately examined, 

separate and apart from .... said husband, touching 

voluntary execution of the same, did state that 

signed the same freely and voluntarily, without fear or 

compulsion of said husband or any other person and 

that ...... do .... still voluntarily assent thereto. Let 

said deed with this certificate be registered. 

Witness my hand and .... seal, the .... day of .... 19,. . 



MORTGAGE FORM. 
This indenture witnesseth that A. B., of .... party of 
the first part, (if the mortgage is that of a married man and 
the wife joins, as is commonly the case, to extinguish her 
dower or other rights, insert "and Mary B., his wife" and 
make other corresponding changes below. If the land mort- 
gaged belongs to a married Avoman, insert "and , her 

husband," and make other necessary changes below,) in 

consideration of dollars to him paid by C. D., party 

of the second part, the receipt whereof is hereby acknowl- 
edged, does hereby give, grant, bargain, sell, release, con- 
vey and confirm to the said C. D., his heirs ("successors" 
instead of "heirs" if mortgage is to a corporation) and as- 
signs forever the following described premises, situate in 

the of county of and state of , 

(describe it so that it may be accurately identified) and all 
the right, title and interest of the said A. B., either in law 
or equity, in and to the said premises ; together with all 
the appurtenances to the same belonging. To have and to 
hold the same unto the said C. D., his heirs and assigns 
forever, and tlic said A. 1)., for liiniself and his hcu"s, execu- 
tors and administrators, hereby coxcnants \vith the said 
C. D., his heirs and assigns that he, the said A. B,, is law- 



AND FTRR INSURANCE. 6fiy 

fully seized of the said premises, in fee simple, and has full 
right and power to convey the same, that the title and 
premises so conveyed are clear and unincumbered; (if 
there are any exceptions to this, state them) and further, 
.that he will warrant and defend the same against all claim 
or claims of all persons whomsoever. Provided, never- 
theless, that whereas the said A. B., has executed and de- 
livered unto the said C. D., a certain (bond, promissory 
note, or as the case may be) bearing even date herewith 
(then proceed to further describe it so that it may be iden- 
tified with certainty, or, if short, a copy of it may be here 
inserted, the fact being stated that it is a copy). 

Now if the said A. B., his heirs, executors, administra- 
tors or assigns shall pay said debt or sum of .... dollars 
and interest which shall accrue thereon to the said C. D., 
his heirs or assigns, according to the tenor thereof, then 
this mortgage shall be void. 

In witness thereof, the said A. B., has hereunto 

set his hand and seal this .... day of .... in the year of 
our Lord A, B. (seal.) 

Signed and acknowledged in presence of 
E. F. 
G..H. 
State of County of . . . ., ss. 

I for said county and state, do hereby certify that 

and his wife, both of whom are personally 

known to me, appeared before me this day and acknowl- 
edged the due execution of the within deed of conveyance, 
and that they were residents of the county and state afore- 
said ; and the said being by me privately examined, 

separate and apart from said husband, touching . . . 

voluntary execution of the same, did state that .... signed 
the same freely and voluntarily, without fear or compulsion 
of .... said husband or any other person and that . . do. . 
still voluntarily assent thereto. Let said deed with this 
certificate be registered. 



668 INSTRUCTION IN REAL ESTATE 

Witness my hand and seal, the .... day of . . 19. 



STATUTE LAW RELATING TO CHATTEL MORT- 
GAGES. 
Chattel mortgages may be given on any kind of per- 
sonal property in North Carolina, but are only good be- 
tween the parties until they are recorded, and when given 
on household and kitchen furniture the private examina- 
tion of a married woman must be taken the same as in a 
conveyance of real estate, and it is a misdemeanor to trade 
mortgaged property without the consent of the mortgagee. 

CHATTEL MORTGAGE. 

I of the county of in the state of North 

Carolina, am indebted to of .... county, in the said 

state, in the sum of dollars, for VN^hich he holds my 

note to be due by the day of A .D .,19 . ., 

and to secure the payment of the same, I do hereby convey 
to him these articles of personal property, to wit : 

But on this special trust, that if I fail to pay said debt 

and interest on or before the day of A. D., 

19 , then he may sell the said property or so much 

thereof as may be necessary, by public auction, for cash, 
first giving twenty days' notice at three public places, and 
apply the proceeds of such sale to the discharge of said 
debt and interest on the same and expenses of sale and pay 
any surplus to me. 

Given under my hand and seal, this . . day of ... .A. D., 
19.... 

Witness. (seal.) 



State of North Carolina, County of . . . ., ss : 

I , a justice of the peace in and for said county, 

do hereby certify that the within and foregoing chattel 
mortgage was duly executed before me by the grantor. 
Witness my hand and seal, this .... day of 19 . . 

J. p. 



AND FIRE INSURANCE. 669 

STATUTE LAW RELATING TO BILL OF SALE. 

Bill of sale of personalty is good between the parties 
thereto, but not as to third parties, such as creditors of the 
seller, if he retain possession, unless the same is recorded. 

BILL OF SALE FORM. 

Know all men by these presents, that I, A. B., of , 

in consideration of the sum of dollars to be in hand 

paid by C. D., of the same place, at and before the enseal- 
ing and delivering of these presents, the receipt whereof 
I do hereby acknowledge, (or if the consideration be dif- 
ferent state it) have bargained, ' sold, released, granted, 
and confirmed, and by these presents do bargain, sell, re- 
lease, grant, and confirm, unto the said C. D., all the fol- 
lowing goods, household stuff, and implements of house- 
hold, (or as the case may be) (here describe each article 
so it can be identified) now remaining and being (mention 
where they are) to have and to hold all and singular the 
said goods and chattels, etc., and every one of them, by 
these presents bargained, sold, released, granted, and con- 
firmed, unto the said C. D., his heirs, executors, administra- 
tors, and assigns, to his and their only proper use and be- 
half forever. 

Witness my hand and seal, this fourth day of , 

A. D., 19.. 

Signed, sealed and delivered in presence of 

E. G. A. B. (seal.) 

A. R. 

Note. If to be recorded, add acknowledgment. 

STATUTE LAWS RELATING TO LANDLORD 
AND TENANT. 

A lease not in writing and signed by the lessor, if for 
more than three years will have the cfifect of creating a 
tenancy at will only. Tenants from year to year have no- 
tice of thirty days to (juit, from month to month, seven 



670 INSTRUCTION IN REAL ESTATE 

days, and from week to week, two days. Removal of crops 
by tenant without notice is a misdemeanor, and improper 
seizure by landlord is a misdemeanor. The landlord can 
file lien on crop for rents due, and the lease terminates 
when the lessee fails to comply with the terms and stipu- 
lations of the lease or contract, and may be ousted at any- 
time after such breach of contract. 

LEASE FORM. 

This indenture made and executed this .... day of .... 

A. D., 19. ., between of , of the first part, and 

of , of the second part, witnesseth that in con- 
sideration of the rents and covenants hereinafter expressed, 
the said party of the first part has demised and leased, and 
does hereby demise and lease to the said party of the sec- 
ond part the following premises, viz : (describe 

them) with the privileges and appurtenances, for and dur- 
ing a term of .... from the day of .... 19. ., which 

term will end And the said party of the second 

part covenenats that he will pay to the party of the first 

part, for the use of said premises, the yearly rent of 

dollars ($..), to be paid monthly in advance in equal in- 
stallments, without demand therefor being made by the 
party of the first part. 

And provided, said party of the second part shall fail to 
pay said rent, or any part thereof, wdien it becomes due, it 
is agreed that said party of the first part may sue for the 
same, or re-enter said premises, or resort to any legal 
remedy. 

The party of the .... part agrees to pay all .... taxes 
to be assessed on said premises during said term 

The party of the second part covenants that at the expi- 
ration of said term he will surrender up said premises to 
the party of the first part in as good condition as now, 
necessary wear and (himagc by the elements excepted. 



AND FIRE INSURANCE. 6/1 

Witness the hands and seals of the said parties the day 
and year first above written. 

A. B. (seal.) 
C D. (seal.) 
Signed, sealed and delivered in presence of 
E. R, 
G. H. 
Note. Leases should be made in duplicate, one for each 
party. 

EXEAIPTION AND HOMESTEAD LAWS. 
In North Carolina the homestead is one thousand dol- 
lars and the personal property exemption five hundred, but 
one cannot homestead against purcliase money. No other 
exemption in North Carolina and all property is subject 
to lien for wages. 

STATUTE LAW^ RELATING TO FENCES. 
Stock law is a local matter in North Carolina, and where 
it is in force, each owner has to keep up his own stock, but 
where it is not in force, stock run at random or at large. 
Any two land owners may keep up a joint fence which can 
only be. broken between the first day of January and the 
first day of ]\Iarch, and if removed or broken at any other 
time the person so breaking or removing shall be guilty 
of a misdemeanor. Ninety days' notice must be given. 

STATUTE LAW RELATING TO LIMITATION. 

Suits to recover land must be brought by state within 
thirty years ; within twenty-one years after the right ac- 
crued to the claimant or his predecessors under color of 
title. 

Suits by persons having title must begin within seven 
years under color of title and known and visible bounda- 
ries. If person has been in adverse possession for twenty- 
one years, no person can maintain an action. For the fore- 



(^^2 INSTRUCTION IN REAL ESTATE 

closure of a mortgage or deed of trust, within ten years 
from the last payment of the same. For the redemption 
of a mortgage where the mortgagor has been in possession, 
or residuary interest, within ten years after right of action 
accrued. 

DECEDENT'S DEBTS. 

Order of preference: i. Debts which by law have a spe- 
cific lien on property to an amount not exceeding the value 
of such property. 2. Funeral expenses. 3. Taxes assessed 
previous to death of decedent. 4. Dues to United States 
and the state of North Carolina. 5. Judgments docketed 
and in force to the extent to which they are a lien on the 
property of the decedent at his death. 6. Wages due domes- 
tic servant or mechanical or agricultural laborer, which 
claim for wages shall not extend to a period of more than 
one year next preceding the death; if employed for year 
current then from time of such employment; for medical 
services within twelve months preceding the decease. 7. 
All other debts and demands. 

As against real estate, liens such as judgments and mort- 
gages take preference to any of the above. 

Administrator may settle at end of one year but cannot 
be forced to settle until after expiration of two years. 

Claims must be presented within one year from notices 
of administration or administrator will not be responsible 
for money already paid out on debts or to legatees or dis- 
tributees. 

Reducting claim to judgment after death gives no pri- 
ority. 

If a claim is presented to and rejected by administrator, 
executor or collector, the claimant must within six months 
after due notice of such rejection, or after some part of the 
debt becomes due, commence an action fc^' the recovery 
thereof or be forever barred. 



AND FIRE INSURANCE. 673 

STATUTE LAW RELATING TO DESCENT AND 
DISTRIBUTION WHEN NO WILL IS LEFT. 

After payment of debts a widow takes one-third of the 
realty for life. A year's allowance of three hundred dol- 
lars and one-hundred dollars additional for every child 
under 14 years old. In reference to personalty if there 
are not more than two children, the widow takes one-third ; 
if there are more than two children, widow takes child's 
part. If there are no children or legal representative of 
such, widow takes one-half. (Even if there be a will she 
may elect to take this in lieu of what the will allows her.) 
If there be no child or next of kin, then the widow takes 
all the realty and personal property absolutely. 

A surviving husband has a life estate in the whole of his 
deceased wife's realty, if issue are born alive. He shall 
be entitled to administer on wife's personal estate and hold 
the same absolutely subject to the claims of her creditors. 
Subject to the rights above mentioned, realty descends and 
personalty is distributed as follows : 

Children share equally, and half blood inherits with 
whole. If the descendants are of equal or different de- 
grees of consanguinity to the intestate, they share per 
stirpes,- that is, the issue of a deceased child, grandchild, 
or other descendant taking the share the parent would, if 
living. 

On failure of lineal descendants, the inheritance shall 
descend to the next collateral relations, capable of inherit- 
ing of the person last seized. But in all cases where the 
person last seized have left no issue capable of inheriting, 
nor brother, nor sister, nor issue of such, the inheritance 
shall vest in the father, if living-, and if not, then in the 
mother if living. In default of issue subject to the rights 
of the widow or surviving husband, if any" personalty goes 
to the father if living, if not living, then the mother, broth- 
ers and sisters share alike. 

Brothers and sisters of the whole or half blood shall take 



674 INSTRUCTION IN RF.AL ESTATE 

the realty in equal shares, the children of a deceased bro- 
ther or sister, nephew or niece taking the share of their 
parent. If there be no brothers or sisters, but nephews and 
neices they shall share per stirpes, that is, the issue of the 
deceased parent taking the share the parent would if living. 

In default of all persons above described, the real and 
personal estate will go to the next of kin, always taking 
per stirpes and not per capita. 

Notwithstanding the above, if the real estate become 
vested in the intestate by gift, devise or settlement from 
an ancestor or other relation, such real estate shall pass to 
the blood of such ancestor or other relation only, provided 
in all cases where the person last seized shall have left no 
issue, nor brother nor sister nor issue of such, the inheri- 
tance shall vest in the father if living, and if not, then in 
the mother if living. 

Realty and personalty, in default of known heirs or kin- 
dred, go to the widow or surviving husband absolutely, or 
in default of these also, it escheats to the state university. 

Descendants and relatives of an intestate born within 
ten months after his death inherits as if born in his life- 
time. Nothing above set forth prevents an intestate in his 
lifetime advancing to a child part or all of his or her share. 

The foregoing does not apply to illegitimates, but every 
illegitimate child of the mother, and the descendants of any 
such child deceased, shall inherit her estate ; but such de- 
scendant or child shall not be allowed to claim any part of 
the estate of her kindred, either lineally or collaterally. Il- 
legitimate children shall inherit from each ether. And in 
case of death of any such child or its issue, without leav- 
ing issue, his estate shall descend to such person as would 
inherit if all such children had been born in wedlock, pro- 
vided that when any illegitimate child shall die without 
issue, or brother or sister or issue of such, then the inheri- 
tance shall vest in the mother. 



AND FIRE INSURANCE. 675 

DISTRIBUTION OF PROPERTY BY WILL. 

Every person of sound mind 21 years old may dispose of 
his or her real or personal estate by will in writing which 
shall be signed by himself or by some person in his pres- 
ence by his express direction, and subscribed in his pres- 
ence by two witnesses at least, no one of whom shall be 
interested in the devise or bequest of said estate. A testa- 
tor may sign by making his sign or cross. Growing crops 
on lands held by a widow in dower or by other life tenant 
may be disposed of by will as other personalty, also rents 
accrued to a life tenant. 

A will will be valid if found among the valuable papers 
and affects of the deceased person, or lodged in the hands 
of some person for safe keeping, and the same shall be in 
the hand writing of such deceased person Avith his name 
subscribed thereto, or inserted in some part of such will ; 
and if such handwriting shall be proved, by three credit- 
able witnesses who verily believe such will and every part 
thereof is in the handwriting of the person whose will it 
appears to be. 

Personal estate may be bequeathed by nuncupative Will 
made by one during his last sickness, in his OAvn habita- 
tion, or w,here he had previously been resident for 10 days, 
unless he died on a journey or from home ; but the will 
must be proved on oath of two or more witnesses, present 
at the making thereof, who state that they were specially 
required to bear witness by the testator. It shall not be 
proved by the witnesses after six months from the making 
thereof unless it was put in writing within ten days from 
the making thereof; nor shall it be proved until citation 
has been first issued, or publication made for six weeks in 
some newspaper to call in the widow or next of kin to con- 
test if they think proper. 

A devise of real estate to a person without the words, 
to his heirs, or using words of inheritance or perpetuity, 
passes all the estate of the testator therein, unless a con- 
trary intent appears. The real estate acquired by a testa- 



6'J^ INSTRUCTION IN REAL ESTATE 

tor after making his will shall pass by general devise, un- 
less a contrary intention appears on the face of will. 

If there be a devise or bequest to a child or other issue, 
it shall not lapse by reason of the death of the devisee or 
legatee before the death of the testator, but the issue of 
such devisee or legatee shall take of the same efTect. 

Subject to the above if the devisee dies in the lifetime 
of the testator or for any reason any devise is void or can- 
not take effect, then the residuary devisee shall take the 
same. 

Marriage of either party revokes a will. 

After born children, where no provision has been made 
for them, are entitled to such share as if the testator had 
died intestate. 

Wills take efifect as if executed immediately before the 
testator's death, unless a contrary intent appear. 

If the executor does not have will proved in sixty days, 
any devisee or legatee or other person interested in the 
state may make such application upon ten days' notice to 
the executor. 

NOTARY PUBLIC. 
Applicant must be a citizen. Application should be made 
to the Secretary of State who will notify when to appear 
and take oath of office. Appointment is made by the Gov- 
ernor. Fee $3.00. Term of office, two years. Fees — Pro- 
testing $1.00; taking acknowledgment 25 cents; adminis- 
tering an oath 10 cents. 

LAWS CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 

Acknowledgments made out of the state, of deeds, mort- 
gages and other instruments concerning land for recording- 
may be made before a notary public in this or any other 
country, or before any officer or magistrate in the United 
States authorized to take acknoAvlcdgmcnts by the local 
statute law, but if he be not a notary, a certificate of his 



AND FTRR INSURANCR. d'JJ 

authority so to act must be added by tlie clerk of a local 
court of record. They may also be made in foreign coun- 
tries before ambassadors or other United States officers 
exercising ministerial functions. A major or higher mili- 
tary officer commissioned by the governor of this state 
may take acknowledgments of soldiers in service out of the 
state. A mayor v^ith seal, or any other officer with seal 
can take acknowledgments in North Carolina. 

NORTH DAKOTA. 

STATUTE LAW RELATING TO DEEDS. 

All deeds must be in writing. Witnesses are not neces- 
sary, but two are usual. There is no distinction between 
sealed and unsealed instruments. All taxes due on real 
estate must be paid before a deed can be recorded. 

STATUTE LAW RELATING TO MARRIED 
WOMEN. 

A married woman has the same right and power concern- 
ing property, and to contract, sue and be sued, as if un- 
married. A wife need not join the husband in deeding 
real property unless it is the homestead. 

A married woman cannot act as administratrix or guard- 
ian. An execution may issue against a married woman. 

Neither the husband or the wife as such are answerable 
for the acts of the other. 

The earnings of the wife are her separate property and 
not liable for the debts of the husband. The separate 
property of the husband is not liable for the debts of the 
wife contracted before marriage. The separate property 
of the wife is not liable for the debts of her husband, but 
is liable for her own debts contracted before or after mar- 
riage. The husband is liable for the necessaries of the 
wife. Estate of dower and courtesy are abolished. 



6y^ INSTRUCTION IN REAL ESTATE 

WARRANTY DEED. 

This indenture made the .... day of .... in the year 
of our Lord one thousand nine hundred and , be- 
tween J. J. of the city of in the state of , and 

Mary, his wife, parties of the first part, and W. B., of .... 
and state aforesaid, of the second part; witnesseth, that 
the said parties of the first part, for and in consideration 

of the sum of dollars, lawful money of the United 

States of America, to them in hand paid by the said party 
of the second part, at and before the ensealing and deliv- 
ery hereof, the receipt whereof they do hereby confess and 
acknowledge, do .... by these presents, grant, bargain, 
sell and convey unto the said part . . of the second part,. . 
heirs and assigns, forever, all tract or par- 
cel of land lying and being in the county of and in 

the state of North Dakota, and described as follows, to 
wit : 

To have and to hold the same, together with all the 
heriditaments and appurtenances thereunto belonging or 
in any wise appertaining, to the said part. . of the second 

part, for heirs and assigns, forever. And the said 

part. . of the first part, for heirs, executors 

and administrators, do. . covenant with the part. . of the 

second part, heirs and assigns, that well 

seized fee of the land and premises aforesaid, and ha. . 
good right to sell and convey the same in manner and 
form aforesaid ; that the same are free from all incum- 
brances, and the above bargained and granted 

land and premises in the quiet and peaceable possession 

of said part. . of the second part, heirs and assigns, 

against all persons lawfully claiming or to claim the whole 
or any part thereof, the said ])art. . of the first part will 
warrant and defend. 

In witness whereof, the said parties of the first part 



AND FIRE INSURANCE. 679 

have hereunto set their hands and seals, the day and year 
first above written. J. J. (seal.) 

Mary J. (seal.) 
Signed, sealed and delivered in the presence of 
E. A. 
R. M. 

State of North Dakota, County of , ss : 

On the day of A. D., 19. ., before me per- 
sonally appeared know^n to me to be the same per- 
son. . described in, and who executed the within and fore- 
going instrument and (severally) acknowledged that 

executed the same as free and voluntary 

act and deed. (Name and official character). 



Note. "A conveyance or other instrument executed by 
a married woman has the same effect as if she was un- 
married and may be acknowledged in the same manner." 

MORTGAGE FORM. 

This indenture witnesseth that A. B., of party 

of the first part, (if the mortgage is that of a married man 
and the wife joins, as is commonly the case, to extinguish 
her dower or other rights, insert ''and Mary B., his wife," 
and make other corresponding changes below. If the land 
mortgaged belongs to a married woman insert ''and , 



her husband," and make other necessary changes below,) 

in consideration of dollars to him paid by C. D., 

party of the second part, the receipt whereof is hereby 
acknowledged, does hereby give, grant, bargain, sell, re- 
lease, convey and confirm to the said C. D., his heirs and 
assigns forever, the following described premises, situate 

in the of county of and state 

of , (describe it so that it may be accurately iden- 
tified) and all the right, title and interest of the said A. H. 
either in law or equity, in and to the said premises ; to- 
gether with all the appurtenances to the same belonging. 
To have and to hold the same unto the said C. D., his 



680 INSTRUCTION IN REAL ESTATE 

heirs, ("successors" instead of "heirs" if a mortgage is to 
a corporation) and assigns forever, and the said A. B., for 
himself and his heirs, executors and administrators, hereby 
covenants with the said C. D., his heirs and assigns that 
he, the said A. B., is lawfully seized of the said premises, 
in fee simple, and has full right and power to convey the 
same, that the title and premises so conveyed are clear 
and unincumbered; (if there are any exceptions to this 
state them). And further, that he will warrant and de- 
fend the same against all claim or claims of all persons 
whomsoever. Provided, nevertheless, that whereas, the 
said A. B., has executed and delivered unto the said C. D., 
a certain (bond, promissory note, or as the case may be) 
bearing even date herewith (then proceed to further de- 
scribe it so that it may be identified with certainty, or, if 
short, a copy of it may be here inserted, the fact being 
stated that it is a copy). 

Now if the said A. B., his heirs, executors, administra- 
tors or assigns shall pay said debt or sum of 

dollars and interest which shall accrue thereon to the said 
C. D., his heirs or assigns, according to the tenor thereof, 
then this mortgage shall be void. The party of the first 
part further agrees that if default be made in the payment 
of said notes, principal or interest, or taxes as aforesaid, 
then in that case the said party of the second part, his 
heirs, executors, administrators or assigns may at his elec- 
tion declare the whole amount due and payable, and may 
proceed to collect the same with all accrued interest and 
taxes due up to the time of payment. And the said party 

of the first part further agrees that if said note , 

principal or interest, or either of them be not paid when 
due, whether on the fulh maturity thereof, or upon being 
declared due on account of default made as aforesaid, then 
and in that event the said party of the second part, his 
heirs, executors, administrators and assigns, is hereby 
authorized and empowered to sell the hereby granted 
premises, and convey the same to the purchaser, agreeably 



AND FIRE INSURANCE. 051 

to the statute in such case made and provided, and out of 
the moneys arising from such sale, to retain the principal 

and interest which shall be then due on said note ; 

and all taxes upon said lands, together with all charges 
and disbursements, paying the surplus, if any, to the said 
party of the first part, his heirs, executors, administrators 
or assigns. 

In witness whereof, the said A. B has here- 
unto set his hand and seal this day of 

in the year of our Lord 

A. B. (Seal). 

Signed and acknowledged in presence of 
E. F. 
G. H. 
State of North Dakota, County of , ss. 

On the day of A. D., 19. ., before me 

personally appeared known to me to be the same 

person., described in, and who executed the within and 

foregoing instrument and acknowledged that 

executed the same. 

(Name and official character.) 

Note. If the acknowledgment is taken before a notary 
public, he should add immediately following his signature 
the date of expiration of his commission substantially in 

the following form : ''My commission expires 

19..," unless the same be engraved on his notarial seal. 

"A conveyance or other instrument executed by a mar- 
ried woman has the same effect as if she was unmarried 
and may be acknowledged in the same manner." 

STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 
Chattel mortgages must be filed with the register of 
deeds of the county in which the mortgaged property is 
located ; otherwise they are void as to creditors or mort- 
gagor and subsequent purchasers and incumbrances in 
good faith. They are good for three years from the filing 



682 INSTRUCTION IN REAL ESTATE 

thereof and may be renewed by proper affidavit of renewal, 
which must be filed in like manner as the original mort- 
gage, which mortgage or a copy thereof must be again 
filed with such renewal affidavit, every three years. Such 
renewal affidavit and copy may be filed within ninety 
(90) days next preceding the expiration of such three 
years. 

A chattel mortgage, on crop of grain, is good only for 
one year's crop. 

CHATTEL MORTGAGE. 

Know all men by these presents, that residing 

in county of state of , party of 

the first part, being justly indebted to , residing 

in , party of the second part, in the sum of 

dollars, which is hereby confessed and acknowledged, has, 
for the purpose of securing the payment of said debt, 
granted, bargained, sold and mortgaged, and by these 
presents does grant, bargain, sell and mortgage unto the 
said party of the second part, his heirs, executors, admin- 
istrators and assigns, all that certain personal property 
described as follows, to wit: (Describe it and state where 
it is and in whose possession), all of which property the 
party of the first part covenants is free and clear from all 
liens and encumbrances, (here mention Exemptions, if 
any) and the said party of the first part for himself, his 
heirs, executors, and administrators, all and singular, the 
goods, chattels and personal property above bargained and 
sold, unto the said party of the second part, his executors, 
administrators and assigns, against him the said party of 
the first part, and against all and every other person or 
persons, whomsoever, shall and will warrant and forever 
defend. 

To have and to hold, all and singular said goc^ls. and 
chattels, unto the said party of the second pari, his heirs, 
executors, administrators and assigns, forever; provided, 
always, and these presents are upon this express condition : 



AND FIRE INSURANCE. 68^ 

That if the said party of tlic first part shall pay or cause 
to be paid unto the said party of the second part, his heirs 

or assigns, the sum of dollars, according- to the 

conditions of two (or as the case may be) certain promis- 
sory notes, executed by payable to at 

viz. $ dated due with 

interest at per cent, per annum, until paid (or 

omitting all after ''promissory notes" and inserting "of 
which the following are copies" and then insert copies, or 
if the indebtedness is not represented by promissory notes, 
its character may be otherwise indicated.) Then these 
presents to be void and of no effect. And as long as the 
conditions of this mortgage are fulfilled, the said party of 
the first part is to remain in peaceful possession of said 
property, and in consideration thereof agrees to keep said 
property in as good condition as it now is, at the cost and 
expense of said first party. 

In wdtness whereof, the said party of the first part has 

hereunto set his hand and seal, this day of ^, 

A. D., 19.. 

(seal.) 

Signed and delivered in the presence of 



19- . 

Then personally appeared the above named 
and acknowledged the foregoing instrument to be 
free act and deed, before me. 



STATUTE LAW RELATING TO BILLS OF SALE. 
If vendor reserve title as security for purchase money 
thereof, he shall, when possession of property is delivered 
to vendee, make such reservation in writing, and file the 
same with the register of deeds of the county in which the 
transaction is enacted ; otherwise such reservation of title 
is void as to subsequent creditors and purchasers in good 
faith. 



684 INSTRUCTION IN REAL ESTATE 

BILL OF SALE FORM. 

Know all men, by these presents, that I, A, B., of , 

in consideration of the sum of dollars to me in 

hand paid by C. D., of the same place, at and before the 
ensealing and delivering of these presents, the receipt 
whereof I do hereby acknowledge, (or if the considera- 
tion be different state it), have bargained, sold, re- 
leased, granted, and confirmed, and by these presents, do 
bargain, sell, release, grant, and confirm, unto the said 
C. D., all the following goods, household stuff', and im- 
plements of household, (or as the case may be) (here 
describe each article so it can be identified) now remain- 
ing and being (mention where they are) to have and to 
hold all and singular the said goods and chattels, etc., and 
every one of them, by these presents bargained, sold, 
released, granted, and confirmed, unto the said C. D., his 
heirs, executors, administrators, and assigns, to his and 
their only proper use and behalf forever. 

Witness my hand and seal, this fourth day of . , 

A. D., 19.. 

Signed, sealed and delivered in presence of 

A. B. (Seal). 
E. G. 
A. R. 

> 19- . 

Then personally appeared the above named 

and acknowledged the foregoing instrument to be 

free act and deed, before me. 

STATUTE LAW RELATING TO LANDLORD AND 

TENANT. 
When there is no contract or usage to the contrary, the 
rent of agricultural or wild lands is due at the end of each 
year. Rents of lodgings are payable at the end of each 
month. A person defaulting in the payment of rent for 
lodgings or for a dwelling must l)c given three days' notice 



AND FIRE INSURANCE. 685 

to quit, before an action can be commenced to compel 
such lessee to deliver up possession of the premises 
leased or rented ; and in the case of agricultural or farming 
lands, thirty days' notice must be given. A lessor of 
agricultural lands has a lien on the crops grown on the 
land the year rented. Leases for a period of more than 
one year should be in writing; otherwise neither party 
can be held to the terms of the oral contract. 

LEASE FORM. 

This indenture, made the day of , in 

the year of our Lord one thousand nine hundred and . . . ., 

between A. B., of , of the first part, and C. D., of 

, of the second part, witnesseth : That the said 

A. B., for and in consideration of the yearly rent and cove- 
nants hereinafter mentioned and reserved, on the part and 
behalf of the said C. D., his executors, administrators 
and assigns, to be paid, kept, and performed, hath demised, 
granted and leased, and by these presents doth demise, 
grant, and lease, unto the said C. D., his executors, admin- 
istrators, and assigns, all that messuage and lot of ground, 

situate, lying and being in the aforesaid, bounded 

northward, &c. (here describe the premises) together with 
all and singular, buildings and appurtenances thereunto 
belonging. To have and to hold the said messuage and 
lot of ground, and all and singular the premises hereby 
demised, with the appurtenances, unto the said C. D., his 

executors, administrators, and assigns, from the 

day of next ensuing the date hereof, for and 

during the term of years thence next ended ; 

yielding and paying for the same unto the said A. B., his 
heirs, executors, administrators, and assigns, the yearly 

rent or sum of dollars, in four equal quarterly 

payments (or as the case may be) of dollars 

each, the first of which to be made on the day of 

next. 

And the said C. D., for himself, his heirs, executors, and 



686 INSTRUCTION IN REAL ESTATE 

administrators doth covenant, promise, and agree to and 
with the said A. B., his heirs, executors, administrators, 
and assigns by these presents, that he, the said C. D., his 
heirs, executors, and administrators, shall and will well 
and truly pay or cause to be paid unto the said A. B., his 
heirs, executors, administrators, or assigns, the said yearly 

rent of dollars, hereby reserved on the several 

days and times hereinbefore mentioned and appointed for 
the payment thereof, according to the true intent and 
meaning of these presents. And the said A. B., for him- 
self, his heirs, executors, and administrators, doth cove- 
nant, promise, and agree to and with the said C. D., his 
executors, administrators, and assigns, by these presents, 
that he, the said C. D., his heirs, executors, administrators, 
and assigns, (paying the rent and performing the cove- 
nants aforesaid,) shall and may peaceably and quietly 
have, hold, use, occupy, possess and enjoy the said demised 
premises, with the appurtenances, during the term afore- 
said, without the lawful let, suit, trouble, eviction, moles- 
tation, or interruption of the said A. B., his heirs or as- 
signs, or any person or persons whatsaever. 

If the lessee shall remain in the possession of the same 
after the termination of this lease, in any way, he shall be 
deemed guilty of a forcible detainer of said demised prem- 
ises, under the statute ; and in order to enforce a forfeiture 
of this lease for non-payment of rent when due, no de- 
mand for rent when due, nor notice to quit the premises 
shall be required, and demand therefor being expressly 
waived ; nor shall the acceptance of any rent renew this 
lease for any time or purpose whatsoever. 

Witness the hands and seals of the said parties the day 
and year first above written. 

A. B. (seal.) 
C. D. (seal.) 

Signed, sealed and delivered in presence of 
E. F. 
G. 11. 



AND FIRE INSURANCE. 687 

EXEMPTION AND HOMESTEAD LAWS. 

The following- property and articles are exempt from 
execution : First, what is known as absolute exemptions, 
consisting of all family pictures, a pew or other sitting in 
any house of worship, a lot or lots in any burial ground, 
the family Bible, and all school books, used by the family 
and all other books used as a part of the family library, 
not exceeding in value one hundred dollars, all wearing 
apparel and clothing of the debtor and his family and the 
provisions of the debtor and his family necessary for them 
for one year's supply, either provided or growing or both, 
and fuel necessary for one year and the homestead which 
is described herein. 

In addition to the properties just mentioned the debtor 
may select wdiat is known as additional exemptions from 
all his other personal property to the amount of one 
thousand dollars. 

These exemptions can only be claimed by the head of 
a family and only absolute exemptions named shall be 
exempt from execution or attachment in any action for 
laborer's or mechanic's w^ages, or for debt incurred for 
property obtained under false pretenses, and against a 
physician's or nurse's bill for service or medicine, board 
or attendance at any hospital in the state, there will be 
allowed only absolute exemptions and household and 
kitchen furniture, stoves, and two cows to the value, ex- 
clusive of absolute exemptions, of $500. 

The homestead referred to above shall not exceed in 
value five thousand dollars, and if within a town, plat 
shall not exceed two acres in extent, and if not within a 
town, plat shall not exceed one hundred and sixty acres 
of land, and in either case may include a dwelling-house 
in which the homestead claimant resides. and all its appur- 
tenances. 

A partnership can claim but one $1,000 exemption, and 
this shall constitute part of the exemption of several part- 
ners. 



688 INSTRUCTION IN REAL ESTATE 

STATUTE LAW RELATING TO FENCES. 

Owners are equally bound to maintain the fences be- 
tween them. 

Except within the limits of any village or city, cattle, 
horses, mules, ponies and sheep are allowed to run at 
large from the first of December to the first of April fol- 
lowing, but stallions, vicious bulls or other animals known 
to be vicious must not run at large at any time, but this 
law does not repeal any local fence law of any county. 
The board of county commissioners may vote to submit 
to the people of any county the question whether or not 
the above law relating to stock running at large shall be 
abolished in the county. If the people vote in favor of 
abolition, the commissioners may thereafter cause the 
question of re-establishing the law to be submitted to the 
people of the county at any general election. 

The statutes provide that fines shall be imposed for dam- 
age done by stock trespassing. The matter of compelling 
owners to fence lands can, on a proper petition, be voted 
on by any township, and if compelled to fence, the en- 
closure required is a fence with three barbed wires. 

Railroads are compelled to fence the tract of land abut- 
ting against their line of road 

If stock trespass upon another's land the owner of the 
stock will be liable for resulting damages if suit be brought 
within sixty days, Avhether the land be fenced or not, and 
no exemptions except absolute exemptions will apply 
against a judgment in such suit. 

STATUTE LAWS RELATING TO LIMITATION. 
Suits to recover real property or the possession thereof 
shall not be maintained unless it appear that the plaintift", 
his ancestor or predecessor or grantor was seized or pos- 
sessed of the premises in question w^ithin twenty years 
before the commencement of such action. An action 
upon a judgment in any court of the United States or of 
any state or territory within the United States; or an ac- 



AND FIRE INSURANCE. 689 

tion Upon a contract contained in any conveyance or mort- 
gage of or instrument affecting the title of real property, 
except a covenant of warranty, must be commenced w^ith- 
in ten years after the breach of contract or rendering of 
such judgment. An action on a covenant of warranty 
must be commenced within ten years after the final deci- 
sion against the title of the coventator. An action upon 
a contract, a liability created by statute, for trespass upon 
real property, for taking, detaining or injuring any goods 
or chattels, for criminal conversation, or for relief on the 
grounds of fraud, must be commenced within six years 
from the time the cause of action accrued. 

STATUTE LAW RELATING TO IRRIGATION. 

The question of irrigation shall be decided by a vote of 
electors of any township who shall bring the question up 
to be voted on, by a petition signed by ten legal voters of 
the township. It shall not be unlawful for any person to 
divert any of the water from any irrigation ditch, in this 
state without first having obtained permission of the 
owner or person in charge. 

Flowing water may be appropriated to useful or bene- 
ficial purposes, the first appropriator in time being first in 
right, and the right ceasing when the use ceases for which 
the water is appropriated. 

The person entitled to the use of water may change the 
place of diversion if others are not injured thereby, and 
may extend the ditch, flume, pipe or aqueduct carrying 
the diverted water to any other place than where the first 
use was made, and may use the water for other purposes 
than that for which it was originally appropriated. One 
may not appropriate more than he actually uses as against 
persons having subsequent right to such waters. 

Persons desiring to appropriate water must post a no- 
tice in writing in a conspicuous place at the point of in- 
tended diversion, setting forth number of inches claimed, 
the purpose for which claimed, place of Intended use, 



690 INSTRUCTION IN REAL ESTATE 

means of diversion with size of flume, ditch, pipe or aque- 
duct, date of appropriation and name of appropriator, and 
within twenty days after appropriation there must l)e 
filed with the register of deeds a notice of appropriation in 
manner provided by law. 

Within forty days after posting a notice as aforesaid, 
the construction of the means of appropriation must be be- 
gun and must be prosecuted with reasonable diligence. 
Any portion of the water claimed which the ditch or flume 
constructed cannot carry, may be appropriated by another. 

Persons having heretofore acquired rights to the use of 
water, and not having heretofore filed a declaration there- 
of, should do so. 

One may conduct water over land of another for a bene- 
ficial use or raise water upon the land of another by dams 
or reservoirs upon payment of just compensation to be 
fixed as provided by law. Persons constructing ditches, 
etc., must keep crossings at public highways, which they 
cross, in good condition. Any person having a surplus of 
water and the right to sell and dispose of the same must 
sell the same at the usual and customary rates per inch to 
persons tendering payment therefor, and must convey and 
deliver the same weekly to such person or persons, so long 
as such surplus exists and such payment or tender be 
made, to the extent of the capacity of the ditches, flumes 
or aqueducts of those so tendering payment. The right to 
the use of water by one so purchasing it does not include 
the right to sell or dispose of the same after being used. 

Measurements of water shall be as follows : A box or 
flume shall be constructed with a headgate placed so as 
to leave an opening of six inches between the bottom of the 
box or flume and lower edge of the headgate, with a slide 
to enter at one side of and of sufficient width to close the 
opening left by the headgate, by means of which the di- 
mensions of the opening are to be adjusted. The box or 
flume shall be placed level, and so arranged that the stream 
in passing through the aperature is not obstructed by back 



AND FIRE INSURANCE. 69I 

water or an eddy below the gate ; but before entering the 
opening to be measured, the stream shall be brought to an 
eddy, and shall stand three inches on the headgate and 
above the top of the opening. The number of square 
inches contained in the opening shall be the measure of 
inches of water. 

DECEDENT'S DEBTS. 

Order of Preference: i. Necessary expenses of admin- 
istration. 2. Expenses of last sickness and funeral of de- 
cedent. 3. Allowance made to family in excess of the ex- 
empt property. 4. Debts having preference by the laws 
of the United States. 5. Debts which are liens upon spe- 
cific property whether judgment, mortgage or otherwise, 
in the order of their priority. 6. All other demands against 
the estate. 

As against real estate, all liens created by judgment 
mortgage, etc., take preference to any of the above. Chat- 
tel mortgages on personalty also take preference. 

STATUTE LAW RELATING TO DESCENT AND 
DISTRIBUTION WHEN NO WILL IS LEFT. 

If there is one child living or the issue of one child, one- 
half to the surviving husband or wife and one-half to the 
child or issue. If there is more than one child living, or 
one child living and the issue of one or more deceased chil- 
dren, one-third to the surviving husband or Avife, and the 
remainder in equal shares to the children, or the issue of 
any deceased child by right of representation. If there is 
no surviving husband or wife, the entire estate goes to 
their issue, and if none such consists of more than one 
child living, or one child living and the issue of one or more 
deceased children, then the estate goes in equal shares to 
the children living, or to the children living and the issue 
of the deceased child or children by right of representation. 

If there is a will, the surviving husband or wife may elect 



692 INSTRUCTION IN REAL ESTATE 

to take either under the provisions of the will, or according 
to the law as above stated. 

When there is no surviving husband or wife, nor de- 
scendants, collateral relatives take by right of representa- 
tion. Where there are no relatives the estate goes for the 
support of the common schools. Descendants and rela- 
tives of an intestate begotten before his death but born 
after, take as if born in his lifetime. 

The foregoing does not apply to illegitimates, but an 
illegitimate child is an heir of a person acknowledging him- 
self to be the father of such child in writing and before a 
competent witness. An illegitimate child is an heir of its 
mother. The issue of all marriages null in law or dissolved 
by divorce are legitimates. 

DISTRIBUTION OF PROPERTY BY WILL. 

Every person of sound mind 18 years old may by will 
dispose of his real and personal estate. A person can make 
a noncupative will if at the time of making it he is in actual 
military service in the field or doing duty on shipboard at 
sea and in either case in actual contemplation, fear or peril 
of death, or the decedent must at the time be in expectation 
of an immediate death from an injury received the same 
day. The value of the estate in such a will must not ex- 
ceed $1,000. A nuncupative will is not required to be in 
writing, nor to be declared nor attested with any formali- 
ties. It must be proved by tAvo witnesses who were pres- 
ent at the making thereof. 

An olographic will need not be witnessed. 

Every other will than a nucupative will, must be in writ- 
ing, and every will other than nuncupative will and an olo- 
graphic will must be subscribed at the end thereof by the 
testator himself or some person in his presence who by his 
direction must subscribe his name thereto. The subscrip- 
tion must be made in the presence of the attesting wit- 
nesses, or be acknowledged by the testator to them, to 
have been made by Iiim or by liis authority. The testator 



AND FIRR INSURANCE. 693 

must at the time of subscribing" the same, declare to the at- 
testing witnesses that the instrument is his will. There 
must be two attesting witnesses, each of whom must sign 
hi sname as a witness at the end of the will at the testa- 
tor's request, in his presence. 

The execution of a codicil referring to a previous will 
has the efifect to republish the will as modified by the 
codicil. 

A lost or destroyed will of real or personal property may 
be established by proof of its execution. 

If a person marries after making his will and has chil- 
dren born, and the Avife or issue survives him, the will is 
revoked unless it provides for such issue or the wife if no 
issue, or it is clear that he intentionally fails to provide for 
them. 

A will executed by an unmarried woman is revoked by 
her marriage. 

No person finally convicted of feloniously causing the 
death of the one making the will shall receive anything 
under that person's will and all rights and property con- 
ditioned upon the death of the one making the will shall 
vest and be determined the same as though the person con- 
victed was dead. 

NOTARY PUBLIC. 

Applicant must be 21 years of age and a citizen of the 
State. Women are eligible. Application should be made 
to the Secretary of State who will notify when to appear 
and take oath of office. Appointment is made by the Gov- 
ernor. Fee $5.00 and a bond for $500. is required. Term 
of office, six years. Fees — Protest notice 25 cents ; protest 
$1.50; recording protest 50 cents; taking acknowledgment 
25 cents; administering an oath 10 cents. 

LAW CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 
Acknowledgments made out of the state, of deeds, mort- 
gages and other instruments concerning land for recording 



694 INSTRtJCTiON IN REAL ESTATE 

in North Dakota, may be made before a notary public In 
this or any other country, or before any officer or magis- 
trate in the United States, or any foreign country, author- 
ized to take acknowledgments by the local law, but if he 
be a notary no certificate of authority is necessary. In the 
case of justices of the peace, they must attach a certificate 
of magistracy to their certificate duly executed by the 
clerk of the district court of the county in which such 
justice acts. If a seal be a requirement of the local law 
it must be used. Acknowledgments may also be made 
in foreign countries before a minister, commissioner, charge 
d'afifairs, secretary of legation, consul, vice-consul or con- 
sular agent of the United States, or before a judge, clerk, 
register or commissioner of a county of record, and also 
without the state, but within the United States, before a 
commissioner appointed for the purpose, by the governor. 
A lawful deputy of any such office out of the United 
States may take an acknowledgment in the name of his 
principal. 

OHIO. 

STATUTE LAW RELATING TO DEEDS. 
The first deed recorded has preference over a deed or 
mortgage to a subsequent purchaser or mortgagee not hav- 
ing knowledge of the previous transaction. Two wit- 
nesses required. Private seals are abolished in this state. 

STATUTE LAWS RELATING TO MARRIED 
WOMEN. 

A married woman has the same right and power con- 
cerning property and to contract, sue and be sued, as if 
unmarried, but a mortgage or conveyance of her realty is 
defective unless her husband join therein. She can be 
bound as surety, guarantor or accommodation endorser, 
but she may not sue her husband except for divorce or 



AND FIRE INSURANCE. 695 

alimony or to protect her separate property when he has 
deserted and separated himself from her Avithout sufficient 
cause, or neglected or refused to support her, nor may he 
sue her except under like circumstances, . excluding the 
matter of support. If a wife be insane, by proper pro- 
ceedings in court and giving security, the husband may 
have her estate placed in his care. If a wife do not join 
in a deed for her husband's realty and he die first she will 
have dower therein (one-third for life). 

The husband is liable for the support of his family. 

Wx\RRANTY DEED. 

Know all men by these presents: That in con- 
sideration of to paid by the receipt 

whereof is hereby acknowledged, do hereby give, 

grant, bargain, sell and convey to the said heirs and 

assigns forever, the following described premises, situate 

in the of county of and state of Ohio, 

to wit : and all the right, title and interest of the 

said either in law or equity, in and to the said prem- 
ises ; together with all the appurtenances to the same be- 
longing, but subject to all legal highways. 

To have and to hold the same unto the said heirs 

and assigns forever. 

And the said for and heirs, execu- 
tors and administrators, hereby covenant with the 

said heirs and assigns that the true and law- 
ful owner of the said premises, and ha. . full power 

to convey the same ; and that the title so conveyed is clear 

and unincumbered ; and further, that will 

warrant and defend the same against all claim or claims of 
all persons whomsoever. 

In witness whereof, the said who hereby release 

right and expectancy of dower in the said prem- 



696 INSTRUCTION IN REAL ESTATE 

ises, ha. . hereunto set hand this day 

of in the year of our Lord, 



Signed and acknowledged in the presence of 



State of Ohio, County of . . , ss. 

Before the undersigned authority, in and for said county 

and state, personally appeared the above named Avho 

acknowledged the signing of the foregoing instrument to be 
free act and deed. 

In testimony whereof, I have hereunto set my hand and 

official seal at this day of A. D. 19. .. 

(Name and official character) 



MORTGAGE FORM. 

This indenture witnesseth that A. B., of party of 

the first part, (if the mortgage is that of a married man and 
the wife joins, as is commonly the case, to extinguish her 
dower or other rights, insert "and Mary B., his wife," and 
make other corresponding changes below. If the land 

mortgaged belongs to a married woman insert, "and , 

her husband," and make other necessary changes below), 

in consideration of dollars to him paid by C. D., 

party of the second part, the receipt whereof is hereby ac- 
knowledged, does hereby give, grant, bargain, sell, release, 
convey and confirm to the said C. D., his heirs ("succes- 
sors" instead of "heirs" if mortgage is to a corporation) 
and assigns forever, the following described premises, situ- 
ate in the .... of county of and state of . . . . 

(describe it so that it may be accurately identified) and all 
the right, title and interest of the said A. B., either in law 
or equity, in and to the said ])rcmiscs; together with all 
the appurtenance to the same belonging, but subject to all 



AND FIRE INSURANCE. 697 

legal highways. To have and to hold the same unto the 
said C. D., his heirs, and assigns forever, and the said A. 
B., for himself and his heirs, executors and administrators, 
hereby covenants with the said C. D., his heirs and assigns 
that he, the said A. B., is lawfully seized of the said prem- 
ises, in fee simple, and has full right and power to convey 
the same, that the title and premises so conveyed are clear 
and unincumbered; (if there are any exceptions to this 
state them). And further that he will warrant and defend 
the same against all claim or claims of all persons whom- 
soever. Provided, nevertheless, that whereas, the said A. 
B., has executed and delivered unto the said C. D., a cer- 
tain (bond, promissory note, or as the case may be), bear- 
ing even date herewith (then proceed to further describe 
it so that it may be identified with certainty, or, if short, 
a copy of it may be here inserted, the fact being stated that 
it is a copy.) 

Now if the said A. B., his heirs, executors, administra- 
tors or assigns shall pay said debt or sum of .... dollars 
and interest which shall accrue thereon to the said C. D., 
his heirs or assigns, according to the tenor thereof, then 
this mortgage shall be void. 

In witness whereof, the said A. B has hereunto 

set his hand and seal this day of in the year 

of our Lord A. B. (seal.) 

Signed and acknowledged in presence of 
E. F. 
G. H. 
State of Ohio, County of , ss. 

Before the undersigned authority, in and for said county 

and state, personally appeared the above named who 

acknowledged the signing of the foregoing instrument to 
be free act and deed. 

In testimony whereof, I have hereunto set my hand and 

official seal at this day of A. D. 19. .. 

Name and official character) 



698 INSTRUCTION IN REAL ESTATE 

STATUTE LAW RELATING TO CHATTEL MORT- 
GAGES. 

A mortgage, or conveyance, intended to operate as a 
mortgage, of goods and chattels, which is not accompanied 
by immediate delivery, and followed by an actual and con- 
tinued change of possession of the things mortgaged, shall 
be absolutely void as against the creditors of the mortga- 
gor, subsequent purchasers, and mortgagees in good faith, 
unless the mortgage, or a true copy thereof, be deposited 
with the toAvnship clerk of the township where the mort- 
gagor is a resident of the state, and if not a resident, then 
with the clerk of the township in which the property so 
mortgaged is situated at the time of the execution of the 
instrument ; the mortgagee, his agent or attorney, shall, 
before the instrument is filed, state thereon, under oath, the 
amount of the claim, and that it is just and unpaid, if given 
to secure the payment of a sum of money only, and if given 
to indemnify the mortgagee against a liability as surety 
for the mortgagor such sworn statement shall set forth 
such liability and that instrument was taken in good faith 
to indemnify against loss that may result therefrom. 

No chattel mortgage on the necessary household goods, 
Avearing apparel or mechanic's tools of any person or fam- 
ily, except chattel mortgages given to secure the whole or 
some part of the purchase price thereof, shall be foreclosed 
except in a court of record. No such household goods, 
wearing apparel or mechanic's tools covered by a chattel 
mortgage shall be siezed or taken out of the possession of 
the mortgagor before foreclosure, except by a sheriff or 
constable, and then only after the mortgagee or his agent 
has presented to a judge of some court of record or a jus- 
tice of the peace, an affidavit, setting forth that the mort- 
gage is due, or that the mortgagee is in danger of losing 
his security, giving the facts upon which it relics, and after 
obtaining such order from such judge or justice of the 
peace, directing such sheriff or constable to seize such 



AND FIRR INSURANCE. 699 

wearing apparel, household goods or mechanic's tools and 
hold them subject to the order of the court. 

CHATTEL MORTGAGE. 

Know all men by these presents, that residing m ... 

county of state of party of the first part, being 

justly indebted , residing in , party of the second 

part, in the sum of dollars, which is hereby confessed 

and acknowledged, has, for the purpose of securing the pay- 
ment of said debt, granted, bargained, sold and mortgaged, 
and by these presents does grant, bargain, sell and mortgage 
unto the said party of the second part, his heirs, executors, ad- 
ministrators and assigns, all that certain personal property de- 
scribed as follows, to wit: (Describe it and state where it is 
and in whose possession), all of which property the party of 
the first part covenants is free and clear from all liens and in- 
cumbrances (here mention exemptions if any) and the said 
party of the first part for himself, his heirs, executors and 
administrators, all and singular, the goods, chattels and 
personal property above bargained and sold, unto the said 
aprty of the second part, his executors, administrators and 
assigns, against him the said party of the first part, and 
against all and every other person or persons, whomsoever, 
shall and will warrant and forever defend. 

To have and to hold, all and singular said goods, and chat- 
tels, unto the said party of the second part, his heirs, execu- 
tors, administrators and assigns, forever; provided, always, 
and these presents are upon this express condition : That if the 
said party of the first part shall pay or cause to be paid unto 
the said party of the second part, his heirs or assigns, the sum 

of dollars, according to the conditions of two (or as 

the case may be) certain promissory notes, executed by 

payable to at viz : $ . . dated due 

with interest at per cent, per annum, until paid (or 

omitting all after "promissory notes" and inserting ''of which 
the following are copies" and then insert copies, or if the in- 
debtedness is not represented by promissory notes its char- 



700 INSTRUCTION IN REAL ESTATE 

acter may be otherwise indicated.) Then these presents to 
be void and of no effect. Said mortgagee may insure said 
property in the name and at the cost of said mortgagor for 
not more than ...... dollars, loss, if any to be paid to said 

mortgagee, as his interest may appear; said cost of insurance 
being secured to mortgagee by this mortgage. 

If said goods and chattels, or any part of them, be secreted, 
or removed from their location, or be seized by process 
of law, or be abused, misused, sold, or further mort- 
gaged, without said mortgagee's consent; or if there shall 
be any default of payment of said indebtedness, or any part 
thereof, when due; or if said mortgagor shall fail to do any 
other thing required of him by this instrument, or by the laws 
of this state in reference hereto; then said mortgagee may, 
by process of law or otherwise, take possession of said prop- 
erty and sell the same, at public or private sale, for the high- 
est price he can obtain therefor, and apply the proceeds of 
said sale to the payment of said indebtedness and interest 
thereon, and of all actual and proper costs really incurred and 
paid on account of said seizure and sale, but not including 
any attorney's fees, and shall pay the residue of said proceeds, 
if any, to said mortgagor. Otherwise said property is to 
remain in the peaceable possession of said mortgagor. But 
nothing herein contained shall be so construed as to preclude 
said mortgagee from pursuing any other course or seeking 
any other remedy permitted or provided by law. 

In witness whereof, the said party of the first part has here- 
unto set his hand and seal, this day of , A. D., 

19... 

(seal.) 

Signed and delivered in the presence of 



State of Ohio, County of , ss : 

The undersigned makes solemn oath and says he is 

within named mortgagee ; that the said mortgagee has a valid 



AND FIRE INSURANCE. JOl 

claim against the within named mortgagor amounting 

to dollars; that said claim is just and unpaid, and that 

the foregoing mortgage is given to secure the same. 

Sworn to and subscribed beiore me, a ..;... in and for 

said county, this day of , A. D., 19. . . 

(Official signature) 

Note. — Chattel mortgages must be filed with the County 
Clerk. It may or may not be recorded. If recorded add ack- 
nowledgment as in real estate mortgage. 

STATUTE LAWS RELATING TO BILLS OF SALE, 

Bill of sale of personalty is good between the parties thereto, 
and also as to third parties, when the contract of sale is evi- 
denced by writing signed by the purchaser, and also a state- 
ment thereon under oath made by the person so selling, his 
agent or attorney of the amount still due on the contract; or 
a true copy thereof, with an affidavit that the same is a copy, 
and deposited with the clerk of the township in which such 
person signing said instrument resides, or if a non-resident 
of the state, the instrument should be deposited with the clerk 
of the township in which the goods are situated. 

BILL OF SALE FORM. 

Know all men, by these presents, that I, A. B., of , 

in consideration of the sum of dollars to me in hand 

paid by C. D., of the same place, at and before the ensealing 
and delivering of these presents, the receipt whereof I do 
hereby acknowledge, (or if the consideration be different 
state it), have bargained, sold, released, granted, and con- 
firmed, and by these presents, do bargain, sell, release, grant, 
and confirm, unto the said C. D., all the following goods, 
household stuff, and implements of household, (or as the case 
may be) (here describe each article so it can be identified) 
now remaining and being (mention where they are) to have 
and to hold all and singular the said goods and chattels, etc., 
and every one of them, by these presents bargained, sold, re- 
leased, granted, and confirmed, unto the said C. D., his heirs, 



702 INSTRUCTION IN REAL ESTATE 

executors, administrators, and assigns, to his and their only 
proper use and behalf forever. 

Witness my hand and seal, this fourth day of , A. D., 

19... 

Signed, sealed and delivered in presence of 
E. G. 
A. R. 

A. B. (seal.) 

STATUTE LAWS RELATING TO LANDLORD AND 

TENANT. 

The lessee of any building w^hich, without any fault or 
lect on his part, is destroyed or so injured by the elements, 
or other cause, as to be unfit for occupancy, shall not be liable 
to pay rent to the lessor or owner thereof, after such destruc- 
tion or injury, unless otherwise expressly provided by written 
agreement or covenant; and the lessee shall thereupon sur- 
render possession of the premises so leased. 

A landlord leasing to a cropper for a year, reserving as 
rent a part of the grain, has a lien upon the growing crop, 
and the entire crop cannot be removed by the tenant or those 
atcing under him, until the rent is provided for or satisfied. 

A landlord desiring to expel his tenant must give said ten- 
ant three days' notice before bringing his action to expel. 
Said notice must be in writing and served upon the defendant, 
or at his usual place of abode if he cannot be found. 

A lease not in writing and signed by the lessor, if for more 
than three years will have the effect of creating a tenancy 
at will only. Unlawful sale of liquor works forfeiture of all 
rights of lessee or tenant. 

Owners of premises leased for the sale of intoxicating 
liquors are liable for all fines, costs, and damages assessed 
against any person occupying the said premises. 

LEASE EORM. 

This indenture, made the day of in the year 

of our Lord one thousand nine hundred and , between 



AND FIRE INSURANCE. 703 

A. B., of , of the first part, and C. D., of , of 

the second part, witncsseth : That the said A. B., for and in 
consideration of the yearly rent and covenants hereinafter 
mentioned and reserved, on the part and behalf of the said 
C. D., his executors, administrators and assigns, to be paid, 
kept, and performed, hath demised, granted and leased, and 
by these presents doth demise, grant, and lease, unto the said 
C. D., his executors, administrators, and assigns, all that mes- 
suage and lot of ground, situate, lying and being in the 

aforesaid, bounded northward, &c. (here describe the prem- 
ises) together with all and singular, buildings and appur- 
tenances thereunto belonging. To have and to hold the said 
messuage and lot of ground, and all and singular the premises 
hereby demised, with the appurtenances, unto the said C. D., 

his executors, administrators, and assigns, from the 

day of next ensuing the date hereof, for and during 

the term of years thence next ended ; yielding and pay- 
ing for the same unto the said A. B., his executors, adminis- 
trators, and assigns, the yearly rent or sum of dollars, 

in four equal quarterly payments (or as the case may be) of 

dollars each, the first of which to be made on the .... 

day of next. 

And the said C. D., for himself, his heirs, executors, and 
administrators doth covenant, promise, and agree to and 
with the said A. B., his heirs, executors, administrators, and 
assigns, by these presents, that he, the said C. D., his heirs, 
executors, and administrators, shall and v^ill well and truly 
pay or cause to be paid unto the said A. B., his heirs, execu- 
tors, administrators, or assigns, the said yearly rent of . . . . 
dollars, hereby reserved on the several days and times 
hereinbefore mentioned and appointed for the payment 
thereof, according to the true intent and meaning of 
these presents. And the said A. B., for himself, his heirs, 
executors, and administrators, doth covenant, promise, 
and agree to and with the said C. D., his executors, admin- 
istrators, and assigns, by these presents, that he, the said 
C. D., his heirs, executors, administrators, and assigns, 



704 INSTRUCTION IN REAL ESTATE 

(paying the rent and performing the covenants aforesaid), 
shall and may peaceably and quietly have, hold, use, oc- 
cupy, possess and enjoy the said demised premises, with 
the appurtenances, during the term aforesaid, v^ithout the 
lawful let, suit, trouble, eviction, molestation, or interrup- 
tion of the said A. B., his heirs or assigns, or any person or 
persons whatsoever. 

Upon non-payment of any of said rent for .... days, or 
the breach of any of the other agreements herein contained, 

the lessor may terminate this lease and re-enter and 

re-possess said premises. Demand of payment of rent on 
day stipulated is hereby waived by lessee. 

Witness the hands and seals of the said parties the day 
and year first above written. 

A. B. (seal.) 
C. D. (seal.) 
Signed, sealed and delivered in presence of 
E. R 
G. H. 

EXEMPTION AND HOMESTEAD LAWS. 

Every unmarried woman may hold the following prop- 
erty exempt from execution attachment, sale, to satisfy any 
judgment or order, to wit: i. Wearing apparel to be se- 
lected by her, not exceeding in value one hundred dollars. 
2. One sewing machine. 3. One knitting machine. 4. A 
Bible, hymn-book, psalm book, or any other books not ex- 
ceeding in value twenty-five dollars. 

Beneficiary funds not exceeding five thousand dollars set 
apart for aid to the family of a deceased member thereof 
are not liable for any debt of the deceased. 

Exemptions to heads of families or widows: The wear- 
ing apparel of such person or family, stoves and fuel, suffi- 
cient for sixty days; one cow and two swine, or in lieu 
thereof, furniture of a specified value, and feed for such cow 
and swine for a period of sixty days; the Bibles, etc., of 
such family; provisions for such family, not exceeding fifty 



AND FIRE INSURANCE. 705 

dollars in value and household furniture not exceeding fifty 
dollars in value ; one sewing machine ; one knitting ma- 
chine and the tools and implements of the debtor necessary 
for carrying on his or her trade or business not exceeding 
one hundred dollars in value ; the personal earnings of the 
debtor and the personal earnings of his or her minor chil- 
dren for a period of three months, except in case of debt for 
necessaries, when only ninety per centum of such earnings 
are exempt, but this does not render the earnings of minor 
children subject to the payment of such claim for neces- 
saries. 

Draymen, in addition to the foregoing exemptions, hold 
one horse, harness and dra}^ ; Physicians, in addition to the 
foregoing exemptions, hold one horse, saddle and bridle 
and also books, medicines and instruments not exceeding 
one hundred dollars in value, exempt from execution. 

Husband and wife living together, a widow or widower, 
living with an unmarried daughter or unmarried minor son, 
may hold exempt from sale, on judgment or order, a fam- 
ily homestead not exceeding one thousand dollars in value ; 
and the husband, or, in case of his failure or refusal, the 
w^ife shall have the right to make the demand thereof; but 
neither can make such demand if the other has a home- 
stead. The foregoing provision also applies in case of a 
petition by executor or administrator to sell decedent's 
property to pay debts. 

Provided that in all cases where the homestead has been 
or shall be sold to pay any lien which precludes the allow- 
ance of a homestead, the residue of the proceeds not ex- 
ceeding five hundred dollars, shall be paid to the widow or 
in case there be no widow, to the minor children, tmmar- 
ried, in lieu of a homestead. 

When a homestead is charged with liens, some of which, 
as against the head of the family, or the wife, preclude the 
allowance of a homestead to either of them, and others of 
such liens do not preclude the allowance and a sale of such 
homestead is had, after the payment of the liens preclud- 



706 INSTRUCTION IN REAL ESTATE 

ing the allowance, the balance not exceeding five hundred 
dollars, shall be awarded to the head of the family or the 
wife, in lieu of such homestead. 

Husband and wife living together, a widower living with 
an unmarried daughter or minor son, every widow and 
unmaried female having in good faith, the care, mainte- 
nance and custody of any minor child or children of 
a deceased relative resident of Ohio, and not the owner 
of a homestead, may, in lieu thereof, hold exempt from 
levy and sale, real or personal property to be selected 
by such person, at any time before sale, not exceeding- 
five hundred dollars in value, in addition to the amount 
of chattel property otherwise by law exempted. 

No sale of real estate made under a mortgage which is 
not executed by the wife of the debtor, if he has a wife, 
shall in any manner affect the right of the debtor's wife or 
family to have a homestead set off under the provisions as 
foregoing. The foregoing provisions do not affect dower 
rights. 

STATUTE LAWS RELATING TO FENCES. 
Barbed wire partition fences are prohibited without con- 
sent of all parties concerned. Live fence except Osage or- 
ange or black-thorn hedge, also prohibited unless consent 
of all parties obtained. Land owners are required to cut 
weeds along fences abutting on public road, or partition 
fences. Owners are required to fence in their cattle, and 
are liable to damages for trespass to persons whose lands 
and crops are injured by such trespassing animal. 

STATUTE LAWS RELATING TO LIMITATION. 

An action for the recovery of the title or possession of 
real property can only be brought within twenty-one years 
after the cause of such action accrues. If a person entitled 
to bring the action before mentioned is, at the time action 
accrues, within the age of minority, of unsound mind, or 
imprisoned, such person may, after the expiration of 



AND FIRE INSURANCE. 707 

twenty-one years from the time the cause of action accrues, 
bring sach action within ten years after such disability is 
removed. 

Civil actions other than for the recovery of real property 
can only be brought within the following periods, after the 
cause of the action accrues : Within fifteen years, an action 
upon a specialty, or an agreement, contract, or promise in 
writing. Within six years, an action upon a contract not 
in writing, either express or implied. An action upon a 
liability created by statute, other than a forfeiture or pen- 
alty. Within four years, an action for trespass on real 
property, but in an action for trespass under ground or in- 
jury to mines, the action shall not be deemed to have ac- 
crued until the wrong-doer is discovered. An action for 
the recovery of personal property or for taking, detaining 
or injuring the same, shall not be deemed to have accrued 
until the wrong-doer is discovered. An action for an in- 
jury to the rights of the plaintiff not arising on tract and 
not hereinafter enumerated. An action for relief on the 
ground of fraud, but the cause of action in such case shall 
not be deemed to have accrued until the discovery of the 
fraud. 

DECEDENT'S DEBTS. 

Where administrator rejects a claim suit may be com- 
menced at once, and not later than six months after the 
rejection. 

Order in which administrator is to pay debts : 

I. Expenses of funeral and sickness, and expenses of ad- 
ministration. 2. Allowances to widow and children for 
their support for one year. 3. Debts entitled to preference 
under the laws of the United States. 4. Public rates, taxes, 
etc. 5. Labor performed within one year last past preced- 
ing the death of decedent. 6. Debts due to all other persons. 

As against real estate, however, liens, such as judgments 
and mortgages take preference to any of the above. Pay- 
ment cannot be enforced until after eighteen months from 



708 INSTRUCTION IN REAL ESTATE 

granting of letters. As against realty, general creditors 
must take steps to collect or further secure tlieir claims 
within two years, and judgment creditors within five years, 
after the death of the decedent, or they will be lost. 

STATUTE LAW RELATING TO DESCENT AND 
DISTRIBUTION WHERE NO WILL IS LEFT. 

Subject to payment of debts a widow takes one-third of 
the realty for life and one-half of the first $400. of person- 
alty, and one-third of the balance of the personalty abso- 
lutely, and if there be no issue, wife takes all the personal 
property. Same is true of widower. (Even if there be a 
will the widow may elect to take as above in lieu of what the 
will allows her.) 

A surviving husband has a life estate in the whole of his 
deceased wife's realty, whether there be issue or not. He 
takes one-half of first $400. and one-third of remainder of 
her personalty. 

Subject to the rights above stated, realty descends and 
personalty is distributed as follows : 

Children share equally. If grandchildren alone, or if 
other descendents of any one degree of consanguinity alone 
takes the estate, all share equally (per capita). If the de- 
scendants are of difl:erent degrees of consanguinity to the 
intestate, they share per stirpes, that is, the issue of a de- 
ceased child, grandchild or other descendant taking the 
share the parent would, if living. 

In default of issue, subject to the rights of the widow or 
surviving husband, if any, realty goes to the deceased per- 
son's father and mother (or to the one if the other be dead) 
during their joint lives and the life of the survivor of them, 
and they (or the one living) in like manner, take the per- 
sonalty absolutely. 

Subject to the above, the brothers and sisters of the 
whole blood take the realty in equal shares, the children of 
a deceased brother or sister, nephew or niece, taking the 
share of their parent. If there be no brothers or sisters 



AND FIRE INSURANCE. 709 

but nephews and nieces of the whole blood they shall share 
per capita. If there be no such brother, sister or children 
or grandchild thereof, the real estate shall vest in the next 
of kin being- the descendents of such brothers or sisters. 
Subject to what proceeds, all personal estate goes to the 
brothers and sisters of the intestate or their issue as in case 
of real estate, but without distinction of blood. 

Subject to all the foregoing, real estate descends to 
brothers and sisters of the half l^lood and their issue as 
above indicated in case of collaterals of the whole blood. 

In default of all the persons described, the real and per- 
sonal estate will go to the next of kin, but children of de- 
ceased uncles and aunts shall take the share of their par- 
ents, as likewise will brothers' and sisters' grandchildren, 
where their parents and grandparents are dead, and if such 
kin be one or more than one grandparent and there be liv- 
ing at the intestate's death descendants, grandparents shall 
take his or her share of the real and personal property, in 
equal parts if they all be of the same degree of consangui- 
nity to the grandparent ; and if not, then per stirpes. 

Notwithstanding the above, if the real estate became 
vested in the intestate by descent, gift or devise from an 
ancestor or other relation, such real estate shall pass to 
the whole or half blood of such ancestor or other relation 
only. 

Realty and personalty, in default of known heirs or kin- 
dred, go to the widow and surviving husband absolutely, 
or, in default of these also, it escheats to the common- 
wealth. 

Descendants and relatives of an intestate begotten be- 
fore his death, but born after, take as if born in his life- 
time. Nothing above set forth prevents an intestate in his 
lifetime advancing to a child part or all of his or her share. 

The foregoing does not apply to illegitimates, but an il- 
legitimate child takes and is known by the name of its 
mother, and it and its issue and mother and grandmother 
respectively take and inherit personalty and realty, and 



7IO INSTRUCTION IN RFAL ESTATE 

transmit the same according to the intestate laws, and ille- 
gitimates of the same mother, leaving neither mother nor 
issue take and inherit from each other. 

When a man has one or more children by a woman and 
then intermarries with her, such issue, if acknowledged by 
him as his child or children, shall be deemed legitimate, and 
the issue of parents whose marriage is deemed null and 
void, shall nevertheless be legitimate. 

DISTRIBUTION OF PROPERTY BY WILL. 

Every person of sound mind 21 years old may dispose 
of his or her real or personal estate by will in writing, 
which (unless the person making the same shall be pre- 
vented by the extremity of his last sickness, which must 
be reduced to writing within ten days and probated within 
six months), shall be signed at the end thereof by himself 
or by some person in his presence by his express direction. 
The will must be proved by the oaths and affirmations of 
two or more competent witnesses. A testator may sign 
by making his sign or cross. Growing crops in lands held 
by a widow in dower or by other life tenant may be dis- 
posed of by will as other personalty, also rents and other 
periodical payments accrued to a life tenant or to any per- 
son entitled under laws regulating the descent and partition 
of real estate. 

Personal estate may be bequeathed by nuncupative will 
made during the last sickness in the testator's habitation 
or dwelling or where he has resided for ten days or more 
next before the making of such will, also in case he be sur- 
prised while away from his own house and shall die before 
returning thereto ; it shall be proved that the testator at 
the time of pronouncing the bequest did bid the persons 
present or some of them to bear Avitness that such was his 
will or to that effect. 

A devise of real estate to a person without referring to 
his heirs or using words of inheritance or perpetuit}^ passes 
all the estate of the testator therein, unless a contrary in- 



AND FJRE INSURANCE. 7II 

tent appear. The real estate acquired by a testator after 
making his will shall pass by a general devise unless a con- 
trary intention be manifest on the face of the will. If there 
be a devise or legacy in favor of a child or other lineal de- 
scendant, or where there is no lineal descendant, in favor 
of a brother or sister or the children of a deceased brother 
or sister, it shall not lapse or become void by reason of the 
devisee or legatee dying in the life time of the testator, 
provided such devisee or legatee leave issue surviving the 
testator and in such case the issue will take the devise or 
legacy. If any person make a last will and testament, and 
afterwards marry or have a child or children not provided 
for in such will, and die, such widow or child shall share 
in his estate as if no will had been made, whether such 
child be born before or after his death. A husband may 
take what is given him under a wife's will, or he may take 
the same interest in her estate real and personal that would 
be allowed a widow under the intestate laws, or he may 
take alone a life estate in the whole of her realty. No real 
or personal property shall be bequeathed, devised or con- 
veyed, unless for a valuable consideration, for religious or 
charitable uses, except by deed or will attested by two 
creditable disinterested witnesses at least one year before 
the decease of the testator or grantor. Wills take effect as 
if executed immediately before the testator's death, unless 
a contrary intent appear. 

Contest of probate or refusal to probate must be com- 
menced within two years. A devisee withholding a will 
or knowing it to be in existence for three years without re- 
vealing the fact, is divested of all lands, tenements or hered- 
itaments devised by such will. 

NOTARY PUBLIC. 

Applicant must be a voter and a citizen of the county for 

which appointed. Must have a certificate from a Judge of 

Common Pleas, Circuit or Supreme Court, stating that he 

is of good moral character and capable of fulfilling the du- 



712 INSTRUCTION IN REAL ESTATE 

ties of the office. Application should be made to the Sec- 
retary of State, accompanied by above certificate. Ap- 
pointment is made by the Governor. Fee $i.oo. Term of 
office three years. Bond for $1,500. must be given. Fees — 
protest, demand, or notice, $1.00; taking acknowledgment 
or administering an oath, 40 cents. 

LAW CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 

Acknowledgments made out of the state of instruments 
for the conveyance or incumbrance of lands, tenements, or 
hereditaments situate within this state, may be made with- 
out this state before a commissioner appointed by the gov- 
ernor of this state for that purpose, or a consul of the 
United States resident in any foreign country ; and all 
deeds, mortgages, powers of attorney, and other instru- 
ments of writing for the conveyance or incumbrance of 
lands, tenements or hereditaments situate within this 
state, executed and acknowledged, or proved in any 
other state, territory or country, in conformity with the 
laws of such state, territory or country, or in conformity 
with the laws of this state, shall be as valid as if executed 
within this state, in conformity with the foregoing provi- 
sions. 

OKLAHOMA. 
STATUTE LAW RELATING TO DEEDS. 

By a grant of real property, a fee simple is presumed un- 
less otherwise shown. Seals are not required. 

All estate in real property, other than estates at will, or 
for a term not exceeding one year, must pass by operation 
of law or by instrument in writing (deed) subscribed by 
grantor, or his agent lawfully in writing. No witnesses re- 
quired, if properly acknowledged, may be recorded. If 
more than one instrument affecting the same property be 
recorded, the first recorded has preference. 



AND FIRE INSURANCE. 713 

STATUTE LAW RELATING TO MARRIED 
WOMEN. 
Married women have the same right and power to con- 
tract, sue and be sued as if single. The husband is liable 
for the wife's support unless she illegally' abandons him. 

WARRANTY DEED. 

Know all men by these presents, That part 

of the first part, in consideration of the sum of dol- 
lars, in hand paid, the receipt of which is hereby acknowl- 
edged, do hereby grant, bargain, sell and convey unto .... 
the following described real property and premises, situate 
in county, territory of Oklahoma, to-wit : to- 
gether with all the improvements thereon and the appur- 
tenances thereunto belonging, and warrant the title to the 
same. 

To have and to hold said described premises unto the 
said part of the second part, heirs and as- 
signs forever, free, clear and discharged of and from all 
former grants, charges, taxes, judgments, mortgages and 
other liens and encumbrances of whatsoever nature. 

Signed and delivered this .... day of .... 19 



Territory of Oklahoma, County of ss. 

Before me , in and for said county and territory on 

this day of , 19. ., personally appeared 

and to me known to be the identical person .... 

who executed the within and foregoing instrument, and 

acknowledged to me that executed the same as .... 

free and voluntary act and deed for the uses and purposes 
therein set forth. 

(Name and official character.) 

MORTGAGE FORM. 

Know all men by these presents : That and 

of county, in the of part .... of the 

first part, have mortgaged and hereby mortgage to 



714 INSTRUCTION IN REAL ESTATE 

of county, part the second part, the foUowmg 

described real estate and premises, situated in .... county, 
territory of Oklahoma, to wit : with all the improve- 
ments thereon and appurtenances thereunto belonging, and 

warrant the title to the same The mortgage is 

given to secure the principal sum of dollars, with 

interest thereon at the rate of per centum, payable 

annually from according to the terms of 

certain promissory note., described as follows, to wit: 
(describe them). 

Dated this .... day of . . . ., A. D., 19. .. 



Territory of Oklahoma, County of ss. 

Before me , in and for said county and territory 

on this day of , 19. ., personally appeared . . . 

and to me known to be the identical person . , . .who 

executed the within and foregoing instrument, and ac- 
knowledged to me that executed the same as .... 

free and voluntary act and deed for the uses and purposes 
therein set forth. 

(Name and official character.) 



Note. — Every instrument substantially the same as the 
above shall be deemed a good and valid mortgage, with all 
contracts and covenants essential to protect the rights of 
the holder thereof; but any further lawful contract em- 
bodied therein shall be binding upon the parties thereto ; 
and when the words "and waive the appraisement" are 
written or printed therein, the premises mortgaged must 
be sold without appraisements in case of foreclosure and 
sale thereunder, and in such case no order for such sale 
shall issue for six months after the date of judgment. • 
RELEASE OE MORTGAGE. 

In consideration of the payment of the debt named 
therein, 1 do hereby release mortgage made by .... to .... 



AND FIRE INSURANCE. 715 

and which Is recorded in book of Mortgage, page. . . 

of the records of county, territory of Oklahoma, 

covering the 

Witness my hand and seal. 



STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 
Chattel mortgages not recorded are valid as between 
parties thereto, but must be recorded to give notice to 
third parties ; record must be made in the county where 
property is located. A chattel mortgage must be signed 
by the mortgagee in the presence of two persons who must 
sign it as witnesses in order that the same may be entitled 
to become a record. Applicable to any or all personal 
property. A chattel mortgage when the debt to secure 
which the mortgage was executed becoming due, may be 
foreclosed by mortgagee in manner and upon notice pre- 
scribed l>y article on pledge, or by proceedings under civil 
procedure. 

CHATTEL MORTGAGE. 

This mortgage, made the day of .... in the year 

19. . by of the county of Oklahoma Territory, by 

occupation mortgagor to of the county of 

Oklahoma Territory of Oklahoma, by occupation a 

mortgagee, witnesseth : 

That the mortgagor mortgages to the mortgagee the 

following described property, to wit : As security 

for the payment to the mortgagee of dollars, ac- 
cording to the terms of certain promissory notes . . . 

of even date herewith for $. . . and for $. . . . 

payable to the order of the mortgagee, and due in 

days, and days respectively w^ith interest thereon 

from until paid at the rate of 12 per cent, per annum 

and all renew^als thereof. Signed by 

The mortgagor hereby represents that he is ow^ner of 



7l6 INSTRUCTION IN REAL ESTATE 

the above described property, that the same is free from 
incumbrance of every nature whatever and is now in his 
possession in Oklahoma county, O. T., and that he will de- 
fend the title to the same, and that he has no other prop- 
erty of the same description in his possession. And that 
he will not permit any tax or other lien against said prop- 
erty during the existence of this mortgage ; and all the in- 
crease, if any, of said property, shall remain with, and be 
deemed a part of the property covered by this mortgage 
and subject to the lien hereof. 

It is further agreed, that in case the mortgagor or his 

legal representatives fail to pay said note or any part 

thereof or any renewals of the same when due, or any in- 
terest thereon, or if the mortgagor. . should sell or attempt 
to sell or dispose of said property or part thereof, or re- 
move, or attempt to remove same or any part thereof from 
said county, or if at any time the mortgagee or the then 
legal owner or owners of said indebtedness or the duly 
the renewals thereof should feel insecure or unsafe in said 
security, then and in that event the mortgagee, or the then 
legal owner or owners os said indebtedness or the duly 
authorized agent, is hereby authorized and empowered to 
take immediate possession of the above described prop- 
erty wherever found, and proceed to sell the same at pub- 
lic sale, to the highest cash bidder, after having given legal 
notice of said sale. The proceeds of said sale shall be ap- 
plied. First, in the payment of all costs, charges and ex- 
penses incurred in taking, keeping and caring for said 
property, in which shall be included an attorney's fee of 
$. . . .Second, in the payment of the sum of money and in- 
terest hereby secured, and if any surplus be then remain- 
ing, it shall be paid to the mortgagor or his legal represent- 
atives. Said mortgagor hereby waives all right and claim 
to damages by reason of any seizure or sale of said prop- 
erty under the terms of this mortgage, regardless of the 
price for or the manner in which the same may be seized 
and sold. And until default be made as aforesaid, or until 



AND FIRE INSURANCE. 717 

such time as the mortgagee shall deem himself insecure as 
aforesaid, or the mortgagor otherwise violates the terms 
and conditions of this mortgage, he shall continue in 
peaceable possession of all of said property, all of which 
in consideration hereof, he agrees shall be kept in as good 
condition as the same now is, and shall be taken care of 
at said mortgagor's expense. And if from any cause said 
property shall fail to satisfy the said indebtedness, interest, 
costs and expenses as aforesaid, then said mortgagor 
agrees to pay any deficiency. 

Witness the hand of the mortgagor at Oklahoma City, 
this day of 19. .. 



In the presence of 



Territory of Oklahoma County, ss : 

being first duly sworn, says that the 

lawful ow^ner . . of the property described and included 
in the wdthin instrument of Avriting, and that he has full 
power to sell or mortgage the same and give clear title, 
and that there are no chattel mortgages or liens upon said 
property. That each and every representation made in 
said mortgage is true and has been made for the purpose 
of a loan of money ; said loan being based upon the values 
therein represented. 

Subscribed in my presence and sworn to before me this 
...... day of .... 19 ... 



Commission expires 19. .. 

BILL OF SALE FORM. 
Know all men, by these presents, that I, A. B., of 



in consideration of the sum of ... . dollars to me in hand 
paid by C. D., of the same place, at and before the enseal- 
ing and delivering of these presents, the receipt Avhereof I 
do hereby acknowledge, (or if the consideration be differ- 



7l8 INSTRUCTION IN REAL ESTATE 

ent, state it,) have bargained, sold, released, granted and 
confirmed, and by these presents, do bargain, sell, release, 
grant, and confirm, unto the said C. D., all the following 
goods, household stuif, and implements of household, (or 
as the case may be) here describe each article so it can be 
identified) now remaining and being (mention where they 
are) to have and to hold all and singular the said goods 
and chattels, etc., and every one of them, by these presents 
bargained, sold, released, granted, and confirmed, unto the 
said C. D., his heirs, executors, administrators, and assigns, 
to his and their only proper use and behalf forever. 

Witness my hand and seal this fourth day of 

, A. D. 19... 

Signed, sealed and delivered in presence of 

E. G. A. B. (seal.) 

A. R. 

STATUTE LAWS RELATING TO LANDLORD AND 

TENANT. 

A tenant at will must be given written notice at least 
thirty days' prior to the bringing of action. Three days' 
written notice must be served before bringing an action 
for forcible entry and detainer against lien. 

The landlord or tenant's share of growing crop may be 
levied upon and sold under attachment or execution sub- 
ject to the interest of the other party. The leasing of real 
property in the absence of an agreement to the contrary 
shall be for one year. In the absence of an adverse stipu- 
lation the rental of agricultural or Avild lands is payable 
yearly. 

LEASE FORM. 
This indenture made and executed this .... day of A.D., 

19. ., between of , of the first part, and 

of , of the second part, witncsseth that in consider- 
ation of the rents and covenants hereinafter expressed, the 
said party of the fiifst part has demised and leased, and 



AND FIRE INSURANCE. 719 

does hereby demise and lease to the said party of the sec- 
ond part the following premises, viz : (describe 

them) with the privileges and appurtenances, for and dur- 
ing a term of, from the day of .... 19. . 

which term will end And the said party of the 

second part covenants that he will pay to the party of the 
first part, for the use of said premises, the yearly rent of 

dollars ($..), to be paid monthly in advance in 

equal installments, without demand therefor being made 
by the party of the first part. 

And provided, said party of the second part shall fail to 
pay said rent, or any part thereof, when it becomes due, it 
is agreed that said party of the first part may sue for the 
same, or re-enter said premises, or resort to any legal 
remedy. 

The party of the part agrees to pay all taxes 

to be assessed on said premises during said term 

The party of the second part covenants that at the ex- 
piration of said term he will surrender up said premises 
to the party of the first part in as good condition as now, 
necessary wear and damage by the elements excepted. 

Witness the hands and seals of the said parties the day 
and year first above written. 

A. B. (seal.) 
C D. (seal.) 

Signed, sealed and delivered in presence of 
E. R, 
G. H. 

Note. Leases should be made in duplicate, one for each 
party. 

EXEMPTIONS AND HOMESTEAD LAWS. 

Exemptions from execution, attachment and all other 
species of forced sale. To the head of a family : 

1. Homestead in country not to exceed one hundred and 
sixty acres, in town or city a lot or lots not to exceed one 
acre. 

2. All household and kitchen furniture. 



720 INSTRUCTION IN REAL ESTATE 

3. Any lot or lots in a cemetery held for the purpose of 
sepulcher. 

4. All farming tools or implements. 

5. All tools, apparatus and books belonging- to and used 
in any trade or profession. 

6. Family library and all family portraits, pictures and 
wearing apparel. 

7. Five milch cows and their calves under six months 
old. 

8. One yoke of work oxen with necessary yokes and 
chains. 

9. Two horses or two mules, and one wagon, cart or 
dray. 

10. One carriage or buggy. 

11. One gun. 

12. Ten hogs. 

13. Twenty head of sheep. 

14. All saddles, bridles and harness necessary for use of 
family. 

15. All provisions and forage on hand or growing for 
home consumption and for the use of exempt stock for one 
year. 

16. All current wages and earnings for personal or pro- 
fessional services earned w^ithin last ninety days. 

Exemptions to single person : 

1. A lot or lots in a cemetery held for purpose of sepul- 
cher. 

2. All wearing apparel. 

3. All books, apparatus and tools belonging to any trade 
or profession. 

4. One horse, bridle and saddle, or one yoke of oxen. 

5. Current wages for personal services. 

Nothing is exempt from attachment or execution for 
wages of any clerk, mechanic, laborer or servant. 



AND FIRE INSURANCE. 721 

STATUTE LAW RELATING TO FENCES. 
Except by order of county commissioners who, when 
petitioned by twenty-five resident freeholders of a town- 
ship or district, shall divide the county into districts for 
the purpose of determining whether stock other than 
swine, sheep, goats, stallions and jacks shall run at large. 
These districts must be not less than seventy-two square 
miles and may be four times that area. When one-fourth 
of the legal voters of any district petition the commission- 
ers they must submit the question of ''free range" to the 
electors at the next general election or at a special election 
called for that purpose. If a majority vote in favor of said 
question as shown by election returns the same will take 
effect within thirty days from date of election. A majority 
vote of the electors will repeal the regulation and ninety 
days thereafter it ceases to be effective. 

STATUTE LAW RELATING TO IRRIGATION. 

Th unappropriated waters of the ordinary flow or under- 
flow of every running stream or flowing river and the storm 
and rain waters of every river or natural stream, ravine, 
depression, or water shed within this territory are declared 
to be the property of the public, to be appropriated for irri- 
gation purposes. Such waters may be held or stored in 
drains, lakes or reservoirs, but cannot be diverted to the 
prejudice of the rights of the riparian owner without his 
consent, except by comdemnation. Individuals construct- 
ing irrigation ditches must have the same recorded with 
the register of deeds, fully describing the same. 

STATUTE LAWS RELATING TO LIMITATION. 
Civil actions for the recovery of real property can only 
be brought within the following periods and not after- 
wards, viz. : 

1. Within five years: An action upon any contract, 
agreement or promise in writing. 

2. Within three years : An action upon any contract not 



J22 INSTRUCTION IN REAL ESTATE 

in writing, expressed or implied ; an action for a liability 
created by statute other than a forfeiture or penalty. 

3. Within two years : Action for trespass upon real prop- 
erty or for taking, detaining or injuring personal property; 
for injury to the rights of another, not arising on contract. 

DECEDENT'S DEBTS. 

Whenever it appears to be best for the estate to sell per- 
sonal property upon proper showing made to the court an 
order of sale will be made. The following preferences are 
prescribed: i. Euneral expenses. 2. Expenses of last sick- 
ness. 3. Funds necessary to support of famity for 90 days. 
4. Taxes. 5. Other debts having a preference under the 
laws of the United States or territory. 6. Judgments ren- 
dered in lifetime of deceased, and mortgages in order of 
their date. 7. Claims filed within six months after notice 
of appointment. 8. All other demands. 

After one year, court will, on application, make proper 
order for payment of debts. 

STATUTE LAW RELATING TO DESCENT AND 
DISTRIBUTION WHEN NO WILL IS LEFT. 

Every estate not otherwise limited by marriage, if not 
disposed by will, descends and is distributed as follows: i. 
If decedent leaves a husband or wife and one child, or law- 
ful issue of one child, the surviving husband or wife takes 
one-half and the child or issue of such child takes the other 
one-half. 2. If decedent leaves a surviving husband, or 
wife, and more than one child living, or one child and the 
lawful issue of one or more deceased children, one-third 
goes to the surviving husband or wife, and remainder in 
equal shares to his children, and to the lawful issue of de- 
ceased children, by right of representation. 3. If decedent 
leaves no children, the estate goes to his lineal descendants. 
If descendants are all of same degree of kindred, they share 
equally, otherwise by representation. 4. In default of hus- 



AND FIRE INSURANCE. 723 

band and wife or kindred the estate escheats to the state 
for support of common schools. 

Dower and curtesy abolished. 

Illegitimate children are heirs of the mother, and also 
of the person wdio in the presence of a competent witness 
in writing acknowledges himself to be the father. 

All gifts and grants are made as. advancements, if ex- 
pressed in the gift or grant to be so made, or if charged 
in writing by the decedent as an advancement or acknowl- 
edged as such by the child or heir. Aliens may take by 
succession, as Avell as citizens. 

Posthumous children are considered as living at the 
death of their parents. 

DISTRIBUTION OF PROPERTY BY WILL. 

Persons over i8 years of sound mind may by will dis- 
pose of real and personal estate, subject to payment of just 
debts. 

Nuncupative wills must not bequeath property exceed- 
ing $1,000. Must be proved by two witnesses, who were 
present at the making thereof, one of whom was asked by 
testator to bear witness that such was his will. 

An olographic will is the one that is entirely written, 
dated and signed by the hand of the testator himself. 
Every will other than a nuncupative will shall be in writ- 
ing, and every will other than a nuncupative or olographic 
will must be executed and attested as follows : 

1. It must be subscribed at the end thereof by testator, or 
by some person in his presence and at his request. 

2. Subscription must be made in presence of attesting 
witnesses or be acknowledged by testator to them, to have 
been made by him or by his authority. 

3. Testator at the time of subscribing or acknowledging 
the will must declare to the attesting witnesses that the 
instrument is his will. 

4. There must be two attesting witnesses, each of whom 
must sign his name at the end of the will at testator's re- 
quest and in his presence. 



724 INSTRUCTION IN REAL ESTATE 

NOTARY PUBLIC. 
Applicant must be a citizen. Application should be made 
to the Secretary, Appointment is made by the Governor. 
Fee $i.oo and a bond for $i,ooo is required. Term of office 
four years. Fees — Protest 25 cents ; notice of protest 10 
cents ; taking acknowledgments or administering oath 25 
cents. 

LAWS CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 

Acknowledgments when made in the territory may be 
made or taken before a justice of the peace of county 
wherein land is situated, before notary public, county clerk, 
or clerk of the district court. Out of the territory before a 
notary public, commissioner of deeds, and clerk of court 
of record. When taken in a foreign country it may be done 
before any court of record or clerk of such court or before 
any consul of the United States. 

OREGON. 
STATUTE LAW RELATING TO DEEDS. 
If a deed be not recorded within five days from its date 
a subsequent purchaser or mortgagee, for value, without 
notice of said deed, will have preference over the first pur- 
chaser, if his deed is recorded within five days from date 
after that the one first of record has preference. They re- 
quire two witnesses, and must be under seal, but scroll is 
sufficient, also due acknowledgment. 

STATUTE LAWS RELATING TO MARRIED 
WOMEN. 

Married women have the same rights, as to separate 
property, as if unmarried, by giving due notice that she 
holds her property as separate; husband must join in 
mortgage deed, she cannot sue husband except for divorce 
or to protect separate property, nor may he sue her except 
for like reasons. 



AND FTRE INSURANCE. 725 

Husband is guardian of and entitled to possession of 
property of insane wife. 

If a wife does not join in a deed and husband die first, 
wife holds one-third interest during her life. 

Husband and wife are both liable for necessaries for sup- 
port of family, and may both be sued, and collection en- 
forced against either. 

Neither may testify in civil or criminal actions against 
the other without other's consent, except in actions of one 
against the other. 

WARRANTY DEED. 

Know all men by these presents, that of 

county of state of Oregon, in consideration of 

dollars to paid by of county of 

state of Oregon, ha. . bargained and sold, and by these 

presents do grant, bargain, sell and convey unto 

said heirs and assigns, all the following bounded 

and described real property, situated in the county of .... 

and state of Oregon : together with all and singular 

the tenements, hereditaments and appurtenances thereunto 

belonging, or in any w^ise appertaining, and also all 

estate, right, title and interest in and to the same, including 
dower and claim of dower. 

To have and to hold, the above described and granted 
premises unto the said .... heirs and assigns forever. And 
.... grantor above named do. . covenant to and with .... 

the above named grantee heirs and assigns, that the 

above granted and described premises are free from all in- 
cumbrances that will and heirs, exec- 
utors and administrators shall warrant and defend the 
above granted premises, and every part and parcel thereof, 

against the acts and deeds of the said grantor , and 

all persons claiming by, from, through or under the said 
grantor , unto the said grantee heirs and as- 
signs forever. 

In witness wdicreof, the grantor. . above named. 



726 INSTRUCTION IN REAL ESTATE 

hereunto set hand., and seal., this day of 

19... 

(seal.) 

Signed, sealed and delivered in the presence of ns a? wit- 
nesses: 



State of Oregon, County of . . . . , ss. 

This certifies, that on this day of A. D. 

19. ., before me, the undersigned, a in and for said 

county and state, personally appeared the within named 

known to me to be the identical person described 

in and who executed the within instrument, and acknowl- 
edged to me that .... executed the same. And .... (wife) 

of the said on an examination made by me separate 

and apart from said husband, then and there ac- 
knowledged to me that executed the same freely 

and voluntarily and without fear, coercion or compulsion 
from any one. 

In witness whereof I have hereunto affixed my hand and 
notarial seal the day and year last above written. 

(Name and official character.) 



MORTGAGE FORM. 

This indenture witnesseth that A. B., of party of 

the first part, (if the mortgage is that of a married man and 
the wife joins, as is commonly the case, to extinguish her 
dower or other rights, insert ''and Mary B., his wife," and 
make other corresponding changes below. If the land 

mortgaged belongs to a married woman insert ''and 

her husband," and make other necessary changes below) in 

consideration of dollars to him paid by C. D., party 

of the second part, the receipt whereof is hereby acknowl- 
edged, does hereby give, grant, l)argain, sell, release, con- 
vey and confirm to the said C. D., his heirs ("successors" 



AND FIRE INSURANCE. 'J^'J 

instead of "heirs" if mortgage is to a corporation) and as- 
signs forever, the following described premises, situate in 

the of county of and state of , 

(describe it so that it may be accurately indentified), and 
all the right, title and interest of the said A. B., either in 
law or equity, in and to the said premises ; together with 
all the appurtenances to the same belonging. To have and 
to hold the same unto the said C. D., his heirs and assigns 
forever. This conveyance is intended as a mortgage to 
secure the payment of the sum of dollars, in accord- 
ance with the tenor of a certain promissory note of which 
the following is a copy, to wit: (insert copy). 

Now, if the sums of money mentioned in said promissory 
note shall be paid according to the agreement therein ex- 
pressed, this conveyance shall be void; but in case default 
shall be made in the payment of the principal or interest, 
as above provided, then the said promissory note shall at 
the option of the legal owner and holder thereof, at once 
become due and payable, and such owner and holder by 
reason thereof may foreclose this mortgage at any time 
thereafter, and sell the premises above described, with all 
and every of the appurtenances, or any part thereof, in the 
manner prescribed by law, and out of the money arising 
from such sale, retain the said principal and interest, to- 
gether with the cost and charges of making such sale, and 
a reasonable sum as attorney's fees and the overplus if 

any there be, paid over to the said heirs or assigns. 

In case a suit is instituted to foreclose this mortgage for 
any of the reasons herein contained, the plaintiff in such 
suit shall be entitled to recover such sum as the court shall 
adjudge reasonable as attorney's fee therein, and the said 
party of the first part for himself, his heirs, executors and 
administrators does covenant and agree to pay the said 
party of the second part, his executors, administrators or 
assigns the said sum of money as above mentioned. 

In witness whereof, the said K. B has hereunto 



728 INSTRUCTION IN REAL ESTATE 

set his hand and seal this day of in the year 

of our Lord. A. B. (seal.) 

Signed and acknowledged in the presence of 
E. R 
G. H. 
State of Oregon, County of ss, 

This certifies, that on this day of A. D. 19. . 

before me, the undersigned, a in and for said county 

and state, personally appeared the within named 

known to me to be the identical person described in and 
who executed the within instrument, and acknowledged to 

me that ...... executed the same, And (wife) of 

the said on an examination made by me separate and 

apart from ...... said husband, then and there acknowl- 
edged to me that executed the same freely and vol- 
untarily and without fear, coercion or compulsion from 
any one. 

In witness whereof I have hereunto affixed by hand and 
notarial seal the day and year last above written. 

(Name and official character.) 



STATUTE LAAV RELATING TO CHATTEL 

MORTGAGES. 
Mortgages of personalty are void, unless filed or re- 
corded, as to all existing or subsequent creditors of the 
mortgagor claiming in good faith and without notice. 
Mortgage of stock goods is presumed fraudulent if the 
maker retains possession, except as agent of mortgagee. 
Such mortgages may be foreclosed in equity. It is unlaw- 
ful to sell or dispose of mortgaged property. Any kind of 
personal property may be mortgaged. By removal of the 
mortgaged property from the country for more than thirty 
days the lieu of the mortgage lapses unless and until mort- 
gagee takes possession thereof or the mortgage is recorded 
in the county to which it is removed, or the property is re- 
turned to the county. 



AND FIRE INSURANCE. 729 

A mortgage of or on a vessel or boat or a part thereof, 
over twenty tons' burden, must be recorded in the office 
of the collector of customs, where it is registered, enrolled 
or licensed and it is a lien on same without recording else- 
where. 

Chattel Mortgages may be recorded if executed, wit- 
nessed and acknowledged or certified like a deed for real 
estate. 

CHATTEL MORTGAGE. 

Know all men by these presents, that residing in 

county of state of , party of the first 

part, being justly indebted to , residing in , 

party of the second part, in the sum of dollars, 

which is hereby confessed and acknowledged, has, for the 
purpose of securing the payment of said debt, granted, bar- 
gained, sold and mortgaged, and by these presents does 
grant, bargain, sell and mortgage unto the said party of 
the second part, his heirs, executors, administrators and as- 
signs, all that certain personal property described as fol- 
lows, to wit: (Describe it and state where it is and in 
wdiose possession), all of which property the party of the 
first part covenants is free and clear from all liens and en- 
cumbrances (here mention Exemptions, if any) and the 
said party of the first part for himself, his heirs, executors 
and administrators, all and singular, the goods, chattels 
and personal property above bargained and sold, unto the 
said party of the second part, his executors, administrators 
and assigns, against him, the said party of the first part, 
and against all and every other person or persons, whom- 
soever, shall and will warrant and forever defend. 

To have and to hold, all and singular said goods, and 
chattels, unto the said party of the second part, his heirs, 
executors, administrators, and assigns, forever; provided, 
always, and these presents are upon this express condi- 
tion : That if the said party of the first part shall pay or 
cause to be paid unto the said party of the second part, his 



7 so INSTRUCTION IN REAL ESTATE 

heirs or assigns, the sum of dollars, according to 

the conditions of two (or as the case may be) certain prom- 
issory notes, executed by payable to at 

viz $. . dated due with interest at per 

cent, per annum, until paid (or omitting all after ''prom- 
issory notes" and inserting ''of which the following are 
copies" and then insert copies, or if the indebtedness is not 
represented by promissory notes, its character may be 
otherwise indicated.) Then these presents to be void and 
of no effect. But in case default shall be made in the pay- 
ment of the said principal sum, or interest or any one of 
said installments of the principal or interest, or if said 
property is attempted to be removed by any one from 
where it is now situated, or be attached or levied upon by 
creditors of said party of the first party, or shall be sold, 
transferred or assigned, or attempted to be sold, trans- 
ferred or assigned, then said promissory note shall at once 
become due and payable, and it shall and may be lawful 
for, and the said party of the first part does hereby author- 
ize and empower the party of the second part, with the aid 
and assistance of any person or persons, to enter the place 

and other premises, and such other place or places 

where the said goods or chattels are or may be placed, and 
take or carry away the said goods and chattels, and sell 
and dispose of the same at private sale, with or without 
notice to said party of the first part, or to sell the same at 

public auction, upon giving weeks' notice of the 

same in a newspaper of general circulation, published in 
said county and state, and out of the money arising there- 
from, to retain and pay the said sum above mentioned, and 
interest as aforesaid, and all charges touching the same, 
and including a reasonable sum as council fees ren- 
dering" the overplus, if any, unto the said party of the first 
part. And the party of the first part may retain and con- 
tinue in the quiet and peaceful possession of the said goods 
and chattels, and in the full and free use and enjoyment of 
the same, except as hereinbefore mentioned. 



AND FIRE INSURANCE. 73I 

In witness whereof the said party of the first part here- 
unto sets his hand and seal this day of A. D. 

19. .. (seal.) 

Witness 

I, .'.'., being first duly sworn, say that the sole 

and exclusive owner of the property described in this mort- 
gage and in the lawful possession thereof ; that the same 
is paid for in full, and that there are no incumbrances or 
liens of any kind whatsoever existing at this date against 
said propert}^ 

Subscribed and sworn to before me this .... day of 
A. D. 19... 

BILL OF SALE FORM. 

Know all men, by these presents, that I, A. B., of , 

in consideration of the sum of dollars to me in hand 

paid by C. D., of the same place, at and before the enseal- 
ing and delivering of these presents, the receipt whereof I 
do hereby acknowledge, (or if the consideration be diilerent 
state it), have bargained, sold, released, granted, and con- 
firmed, and by these presents do bargain, sell, release, 
grant, and confirm, unto the said C. D., all the following 
goods, household stufif, and implements of household, (or 
as the case may be) (here describe each article so it can 
be identified) now remaining and being (mention where 
they are) to have and to hold all and singular the said goods 
and chattels, etc., and every one of them, by these presents 
bargained, sold, released, granted, and confirmed, unto the 
said C. D., his heirs, executors, administrators, and assigns, 
to his and their only proper use and behalf forever. 

Witness my hand and seal, this fourth day of , 

A. D., 19... 

Signed, sealed and delivered in presence of 

E. G. A. B. (seal.) 

A. R. 



^^2 INSTRUCTION IN REAL ESTATE 

STATUTE LAWS RELATING TO LANDLORD AND 

TENANT. 

A lease not in writing and signed by the lessor, if for 
more than one year, will have the effect of creating a ten- 
ancy at will only. 

A tenant is entitled to ten days' notice to quit before he 
can be ejected by the landlord, and in case his occupation 
is for the purpose of farming or agriculture he must be 
given ninety days' notice. 

LEASE FORM. 

This indenture made and executed this .... day of .... 

A. D., 19. ., between of , of the first part, and 

of , of the second part, witnesseth that in con- 
sideration of the rents and covenants hereinafter expressed, 
the said party of the first part has demised and leased, and 
does hereby demise and lease to the said party of the sec- 
ond part the following premises, viz. : (describe 

them) with the privileges and appurtenances, for and dur- 
ing a term of from the day of 19. • , 

which term will end And the said party of the 

second part covenants that he will pay to the party of the 
first part, for the use of said premises, the yearly rent of 

dollars ($..)' to be paid monthly in advance in 

equal installments, without demand therefor being made 
by the party of the first part. 

And provided, said party of the second part shall fail to 
pay said rent, or any part thereof, when it becomes due, it 
is agreed that said party of the first part may sue for the 
same, or re-enter said premises, or resort to any legal 
remedy. 

The party of the part agrees to pay all 

taxes to be assessed on said premises during said term 

The party of the second part covenants that at the ex- 
piration of said term he will surrender up said premises to 
the party of the first part in as good condition as now, 
necessary wear and damage by the elements excepted. 



AND FIRE INSURANCE. 733 

Witness the hands and seals of the said parties the day 
and year first above written. 

A. B. (seal.) 
C. D. (seal.) 
Signed, sealed and delivered in presence of 
E. R, 
G. H. 
Note. Leases should be made in duplicate, one for each 
party. 

EXEMPTION AND HOMESTEAD LAWS. 

A homestead is exempt to the value of $1,500, or 160 
acres in extent ; with city property it cannot exceed one 
block. The following personal property is exempt : Books 
and pictures to the value of $25.00; wearing apparel $100; 
tools, implements, apparatus, team, etc., to enable one to 
carry on trade or profession, $400. ; ten sheep, two cows, 
five swine, household goods, $300. These exemptions, to 
be of avail, must be claimed by the debtor. Burial lots 
sold by incorporated cemeteries are exempt. 

Earnings of a debtor for personal services performed 
within thirty days next preceding service of attachment, 
execution or garnishment to secure the same for his credi- 
tor, are exempt if it be made to appear by affidavit of the 
debtor or otherwise that such earnings are necessary for 
the use of the family supported wholly or partly by the 
debtor's labor. 

STATUTE LAW RELATING TO FENCES. 
Landowners are required to fence out cattle. A lawful 
fence is fully defined by statute, and there is no security 
from trespassers without a lawful enclosure. 

STATUTE LAW RELATING TO LIMITATION. 

Suits to recover land must be brought within ten years 
after the right accrued to the claimant or his predecessors 
in title. 



734 INSTRUCTION IN REAL ESTATE 

Actions on contracts, not under seal, must be brought 
within six years; on judgments, decrees or instruments 
under seal, within ten years. A cause of action arising 
without the state between non-residents, which is barred 
by the laws of the place, is barred in this state. 

DECEDENT'S DEBTS. 
Order of preference: i. Funeral expenses. 2. Taxes due 
to the United States. 3. Expense of last sickness. 4. Taxes 
of whatever nature due state or any public corporation. 6. 
Debts which are a lien on any property to the extent of the 
property subject to the lien. 7. Debts to employees for 90 
days preceding death of decedent. 8. All other claims 
against the estate. 

STATUTE LAW RELATING TO DESCENT AND 

DISTRIBUTION WHEN NO WILL IS LEFT. 

Subject to debts of the decedent, a widow if there be 
issue takes one-third of the realty for life and one-half 
of the personalty absoluteljH, and if there be no lineal 
descendants, takes all the realty and personalty absolutely. 

A surviving husband has a life estate in the whole of 
his deceased wife's realty, whether there be issue or not. 
If no issue, he takes realty absolutely, also, personalty, 
whether they be issue or not. 

Subject to the above mentioned rights realty descends 
and personalty is distributed as follows : 

Children share equally, to the issue of any deceased 
child by representation, if grandchildren alone, or if all 
descendants are of the same degree of kindred, they take 
equally, otherwise by right of representation. 

If intestate leave no husband or wife, then realty and 
personalty descends to the father, if no father, to brothers 
and sisters, and to the issue of a deceased brother or sister 
l)y representation ; if no brother or sister living, then to 
the mother to the exclusion of issue of deceased brother 
pr sister, if no lineal descendants mentioned above, then 



AND FIRE INSURANCE. 735 

to the nearest of kin, in equal degree, collateral kindred 
in equal degree, those through the nearest ancestor pre- 
ferred to the more remote, of the same degree. If a child 
of the intestate dies under and without a wife, his in- 
terest descends to the brothers and sisters or their repre- 
sentatives. 

If intestate leaves no lineal descendants or kindred the 
property escheats to the state. 

Posthumous children take as if born in life time of in- 
testate if begotten before his death. 

Intestate may in lifetime advance the share of a child 
and said child have no claim in intestate's estate. 

An illegitimate shall inherit from its mother as if born 
in lawful wedlock, but not by representation, if parents 
are formally married then child is not illegitimate though 
marriage may be adjudged void. Illegitimates of the same 
mother inherit from each other. 

DISTRIBUTION OF PROPERTY BY WILL. 

Every person of sound mind and over the age of 21 
years may by will devise all his estate, saving to the widow 
her dower; over eighteen may dispose of goods and chat- 
tels. Married woman may dispose of real estate held in 
her own right subject to husband's right to curtesy. Wills 
must l)e in writing and signed by two witnesses who sign 
in the presence of testator and at his request; testator's 
signature may be signed, by his request, by another, and 
must be so stated by person signing the name. If testa- 
tor marry and leave issue by such marriage, the will is 
deemed revoked, if no provision is made for such issue 
in will. A will by an unmarried woman is revoked by 
marriage. 

If a will do not name a child or, if deceased and does 
not name children, if any such, deceased shall be con- 
sidered to have died intestate, as far as said child or de- 
scendants are concerned. 



y2,^ INSTRUCTION IN REAL ESTATE 

Any mariner at sea or soldier in service may dispose 
of personal property by nuncupative will, but v^ill must 
be probated within six months, and will must be reduced 
to writing within 30 days from making, and shall not 
be probated for fourteen days after making, and shall 
always be ofifered in writing. 

Wills cannot be contested after one year from probat- 
ing unless party is under disabilities, then one year after 
removal of disability. 

A devise of real estate passes all the title belonging to 
testator, and all after acquired title unless the contrary 
positively appear in will. After acquired property, passes 
under general devise, an estate, devised to a child, grand- 
child or other relative and such devisee dying before tes- 
tator and leaving lineal descendants, such descendants 
take property as the devisee would if living. 

No estate can be settled sooner than six months, that 
length of notice must be given to creditors, thereafter the 
settlement is in the control of the county judge as probate 
judge. 

All proceedings of executors or administrators must be 
reported to county judge, and approved by him to be 
valid. 

NOTARY PUBLIC. 
Applicant must be a citizen. Application should be made 
to the Secretary of State. Appointment is made by the 
Governor. Fee, $2, and a bond for $500 is required. Term 
of office, two years. Fees — Protest, $1.00; noting, $1.00; 
taking acknowledgment, $1.00; administering oath, 25 
cents. 

LAW CONCERNINCx ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 
Acknowledgments made out of the state, of deeds, mort- 
gages and other instruments concerning land for recording 
in Oregon may be made before a judge of a court of record, 



AND FTRK TNSTTRANCE. J^il 

justice of the peace or notary public, or other officer 
authorized by the law of the state where the acknowledg- 
ment is made to take the same. But if taken before any 
such officer, other than a notary, certified under his offi- 
cial seal, there must be a certificate of a clerk of a court of 
record that he is authorized to take acknowledgments, 
that the signature is genuine, and that the instrument is 
executed and acknowledged in conformity with the laws 
of that state. 

PENNSLYVANIA. 
STATUTE LAW RELATING TO DEEDS. 
If a deed be not recorded within ninety days from its 
date (or six months if executed out of state), a subsequent 
purchaser or mortgagee for value, without notice of the 
previous transfer will have preference to the first pur- 
chaser, if his deed be recorded. They are valid without 
witnesses but two are usual. They must be under seal 
but a scroll seal is sufficient. 

STATUTE LAWS RELATING TO MARRIED 

WOMEN. 
A married woman has the same right and power con- 
cerning property and to contract, sue and be sued, as if 
unmarried, but a mortgage or conveyance of her realty 
is void unless her husband join therein, and she cannot 
be legally bound as surety, guarantor or accommodation 
endorser, but she may not sue her husband except for di- 
vorce or to protect her separate property when he has de- 
serted and separated himself from her without sufficient 
cause, or neglected or refused to support her, nor may he 
sue her except under like circumstances excluding the mat- 
ter of support. If a wife be insane, by proper proceedings 
in court and giving security, the husband may have her 
estate placed in his care. If a wife do not join in a deed for 
her husband's realty and he die first she will have dower 
therein (one-third for life). 



y2,^ INSTRUCTION IN REAL ESTATE 

The husband is liable for the support of his family, but if 
the wife order necessaries for the family, both may be sued 
and collection enforced against the wife's property if the 
husband do not have sufficient. 

WARRANTY DEED. 

This indenture made the day of in the 

year of our Lord one thousand nine hundred and , 

between J. J., of the city of , in the state of , 

and Mary, his wife, parties of the first part, and W. B., 

of , and state aforesaid, of the second part ; w^itness- 

eth, that the said parties of the first part, for and in consid- 
eration of the sum of dollars, lawful money of the 

United States of America, to them in hand paid by the 
said party of the second part, at and before the ensealing 
and delivery hereof, the receipt whereof they do hereby 
confess and acknowledge, have granted, bargained, sold, 
aliened, released, and confirmed, and by these presents do 
grant, bargain, sell alien, release and confirm unto the said 
party of the second part, and to his heirs and assigns, all 
that certain messuage or tenement and tract of land situ- 
ated in township, in the county of , and state 

aforesaid, bounded as follows, viz. : Beginning at a birch, 
thence by land of S. S., south one hundred perches to a 
beech, thence by land of T. B., east eighty perches to a 
post, thence by land of same, etc., etc., to the place of be- 
ginning, containing fifty acres, neat measure, (or other- 
wise as the case may be). It being the same premises (or 
part of the same) which R. R. and Mary, his wife, by 

indenture bearing date the day of A. D., 

19. ., did grant and confirm to the said J. J. (part}- hereto), 
his heirs and assigns forever ; as in and by the said in part 
recited indenture, recorded in the office for recording of 

deeds, at , in and for the county of in deed 

book M, vol. 2 page 341, etc., more fully and at large ap- 
pears. (Here may be inserted the whole chain of title.) 
Together with all and singular the rights, liberties, privil- 



AND FIRE INSURANCE. 739 

eges, hereditaments, and appurtenanees whatsoever there- 
unto belonging, or in any wise appertaining, and the re- 
versions and remainders, rents, issues, and profits thereof; 
and also, all the estate, right, title, interest, property, claim, 
and demand Avhatsoever, of them the said J. J. and Mary, 
his wife, in law or equity, or otherwise howsoever, of, in, 
to, or out of the same. To have and to hold the premises 
hereby granted, or mentioned, or intended so to be, with 
the appurtenances, (if there be any exceptions, insert them 
here) unto the said party of the second part, his heirs and 
assigns, to the only proper use and behoof of the said 
party of the second part, his heirs and assigns forever. 
(Here insert any covenants that may be desired), and the 
said J. J., for himself, his heirs, executors and administra- 
tors, doth covenant, promise, and agree to and with the 
same W. B., his heirs and assigns, by these- presents, that 
he, the said J. J., and his heirs, the said above mentioned, 
every other person or persons whomsoever, lawfully claim- 
ing or to claim the same or any part or parcel thereof. 
(If it is desired to make the warranty apply only against 
the grantor, his heirs and assigns insert here the words 
"by, from, or under them, or any of them") shall and will 
warrant and forever defend by these presents. 

In witness whereof, the said parties of the first part 
have hereunto set their hands and seals, the day and year 
first above written. J. J. (seal.) 

Mary J. (seal.) 

Signed, sealed and delivered in the presence of 
E. A. 
R. M. 
State of Pennsylvania, County of , 'ss : 

On the day of , A. D., 19. ., before me, a 

, personally appeared , and , his wife, 

and in due form of law acknowledged the above 

indenture to be their and each of their act and deed, and 
desired the same might be recorded as such. 



740 INSTRUCTION IN REAL ESTATE 

Witness my hand and seal the da}^ and year afore- 
said. (Name and official character.) 



MORTGAGE FORM. 

This indenture, made the day of , A. D., 

19. ., between of the first part, and of the 

second part : Whereas, the said in and by his cer- 
tain obligation or writing obligatory under his hand and 
seal duly executed, and bearing even date herewith, stands 
bound unto the said party of the second part, in the sum of 
dollars conditioned for the payment of dol- 
lars year after date thereof with interest at the rate 

of ..... per centum per annum from said date without 

any fraud or further delay, as in and by them said recited obli- 
gation and condition thereof, relation to the same being had, 
may more fully and at large appear. 

Now this indenture witnesseth, that the said party of 
the first part, as well for and in consideration of the afore- 
said debt or sum of dollars and for the better secur- 
ing the payment thereof, unto the said party of the second 
part, his executors, administrators and assigns, in discharge 
of the said obligation above recited, as for and in consid- 
eration of the further sum of one dollar in specie, well and 
truly paid to the said party of the first part by the said 
party of the second part, at and before the ensealing and 
delivery hereof, the receipt of which one dollar is hereby 
acknowledged has granted, bargained, sold , released and 
confirmed, and by these presents does grant, bargain sell, 
release and confirm unto the said party of the second part, 
his heirs and assigns all. (Describe the premises.) 

Together with all and singular, the buildings, improve- 
ments, woods, ways, rights, liberties, priviledgcs, heredita- 
ments and appurtenances to the same belonging, or in any 
wise appertaining and the reversion and reversions, re- 
mainder and remainders, rents, issues and profits thereof: 
To have and to hold the said hereditaments and premises 



AND FIRE INSURANCE. 74I 

above granted, or intended so to be with the appurten- 
ances, unto the said party of the second part, his heirs and 
assigns forever. 

Provided, however, and it is expressly agreed, that if at 
any time default shall be made in the payment of any in- 
stallment of principal or interest for the space of 

days after the same becomes due by the terms hereof, 
then and in such case, the whole principal debt and inter- 
est aforesaid, shall, at the option of the said party of the 
second part, his executors, administrators or assigns, be- 
come due and payable immediately; and the said party 
of the second part may at once proceed to collect the same 
by suit upon said obligation, or scire facias hereon, any 
law, usage or custom, or anything herein contained to the 
contrary notwithstanding, and in such suit or upon such 
scire facias, judgment shall be recovered for the said prin- 
cipal sum, and all interest then due, together with 

per cent on the whole amount thereof as attorney's com- 
mision. 

Provided always, nevertheless, that if the said , 

heirs, executors, administrators or assigns, do and shall 
well and truly pay or cause to be paid unto the said party 
of the second part, his executors, administrators, or assigns, 

the aforesaid debt or sum of on the day and time 

hereinbefore mentioned and appointed for the payment 
thereof, together with lawful interest for the same, in like 
money, in the way and manner hereinbefore specified 
therefor, without any fraud or further delay, and" without 
any" deduction, defalcation or abatement to be made, for or 
in respect of any taxes, charges or assessments whatsoever, 
that then and from thenceforth, as well this present inden- 
ture, and the estate hereby granted, as the said obligation 
above recited, shall cease, determine and become abso- 
lutely null and void, to all intents and purposes, anything 
hereinbefore contained to the contrary thereof in any wise 
notwithstanding. 

In witness whereof, the said A. B has hereunto 



74^ INSTRUCTION IN REAL ESTATE 

set his hand and seal this day of in the year 

of our Lord A. B. (seal.) 

Signed and acknowledged in presence of 
E. F. 
G. H. 
State of Pennsylvania, County of ,ss : 

On the day of , A. D., 19. ., before me a 

, personally appeared and , his wife, 

and in due form of law acknowledged the above 

indenture to be their and each of their act and deed, and 
desired the same might be recorded as such. 

Witness my hand and seal the day and year 

aforesaid. (Name and official character.) 



STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 
Chattel mortgages must be recorded and are applicable 
only to iron-ore mined and prepared for use, pig iron, 
blooms and rolled or hammered iron in sheets, bars or 
plates, iron and steel nails, steel ignots and billets, rolled 
or hammered steel in sheets, bars or plates, boilers, engines, 
oil, gas and artesian well supplies, petroleum or coal oil, 
in any receptable in bulk, manufactured or quarried slate, 
also asphaltum blocks and cement or materials for making 
either, for sums not less than $100, and good only for three 
months which by proper steps may be extended to a year 
from maturity ; also to saw logs, saw lumber, lathes, pickets 
and shingles, hewn timber and spars, iron tanks and tank 
cars and canal boats for sums not less than $500, which 
will be good for one year or with proper proceedings two 
years from their date. Coal leases may be mortgaged. 

CHATTEL MORTGAGE. 

Know all men by these presents, that residing in 

, county of , state of , party of the first 

part, being justly indebted to , residing in , 



AND FIRE INSURANCE. 743 

party of the second part, in the sum of dollars, 

which *is hereby confessed and acknowledged, has, for the 
purpose of securing the payment of said debt, granted, 
bargained, sold and mortgaged, and by these presents does 
grant, bargain, sell and mortgage unto the said party of 
the second part, his heirs, executors, administrators and 
assigns, all that certain personal property described as 
follows, to wit: (Describe it and state where it is and in 
whose possession), all of which property the party of the 
first part covenants is free and clear from all liens and 
encumbrances, and the said party of the first part for him- 
self, his heirs, executors, and administrators, all and sin- 
gular, the goods, chattels and personal property above bar- 
gained and sold, unto the said party of the second part, 
his executors, administrators and assigns, against him the 
said party of the first part, and against all and every other 
person or persons, whomsoever, shall and will warrant 
and forever defend. 

To have and to hold, all and singular, said goods and 
chattels, unto the said party of the second part, his heirs, 
executors, administrators and assigns, forever; provided, 
always, and these presents are upon this express condition : 
That if the said party of the first part shall pay or cause to 
be paid unto the said party of the second part, his heirs or 
assigns, the sum of dollars, according to the condi- 
tions of two (or as the case may be) certain promissory 

notes, executed by payable to at , 

viz. : $ , dated due , with interest at 

.... per cent, per annum, until paid (or omitting all after 
"promissory notes" and inserting ''of which the following 
are copies" and then insert copies, or if the indebtedness 
is not represented by promissory ntoes, its character may 
be otherwise indicated). Then these presents to be void 
and of no efifect. And as long as the conditions of this 
mortgage are fulfilled, the said party of the first part is to 
remain in peaceful possession of said property, and in 
consideration thereof agrees to keep said property in as 



744 INSTRUCTION IN REAL ESTATE 

good condition as it now is, at the cost and expense of 
said first party. 

In witness Avhereof, the said party of the first part has 

hereunto set his hand and seal, this day of , 

A. D., 19.. (seal.) 

Signed and delivered in the presence of 



19.. 

Then personally appeared the above named and 

acknowledged the foregoing instrument to be free 

art and deed, before me, 

STATUTE LAW RELATING TO BILLS OF SALE. 

Bill of sale of personalty is good between the parties 
thereto, but not as to third parties, such as creditors of the 
seller if he retain possession. 

BILL OF SALE FORM. 

Know all men, by these presents, that I, A, B., of , 

in consideration of the sum of dollars to me in hand 

paid by C. D., of the same place, at and before the enseal- 
ing and delivering of these presents, the receipt whereof 
I do hereby acknowledge, (or if the consideration be dif- 
ferent state it), have bargained, sold, released, granted, and 
confirmed, and by these presents, do bargain, sell, release, 
grant, and confirm, unto the said C. D., all the following 
goods, household stuff and implements of household (or 
as the case may be) (here describe each article so it can 
be identified) now remaining and being (mention where 
they are) to have and to hold all and singular the said 
goods and chattels, etc., and every one of them, by these 
presents bargained, sold, released, granted, and confirmed, 
unto the said C. D., his heirs, executors, administrators, 
and assigns, to his and their only proper use and behalf 
forever. 



AND FIRE INSURANCE. 745 

Witness my hand and seal, this fourth day of , 

A. D., 19.. A. B. (seal.) 

Signed, sealed and delivered in presence of 
E. G. 
A. R. 

STATUTE LAWS RELATING TO LANDLORD 
AND TENANT. 

For rent due personal property while on the premises 
leased, including stock and growing crops, may be dis- 
trained either before or after the end of the term of lease, 
and goods moved with intent to prevent seizure may be 
followed for thirty days thereafter. After the property is 
seized and the tenant has had notice thereof, he has five 
days in which to replevy them if the seizure is wrongful, 
lie may also by a proceeding before a magistrate compel 
the landlord to deduct any account owing from the land- 
lord to him. 

A landlord must give three months' notice to quit before 
he can expel his tenant by reason of expiration of term 
of lease. He may expel him for non-payment of rent due, 
but must give fifteen days' notice to quit if after April ist 
and before September ist or thirty days if after September 
1st and before April ist, and the procedure may be super- 
ceded by the tenant any time before he is ousted by pay- 
ment of rent due and costs, or he may remain in possession 
after judgment against him before a magistrate, by giving 
security for costs and rent accrued and to accrue and tak- 
ing an appeal to court. 

A lease not in writing and signed by the lessor, if for 
more than three years, will have the effect of creating a 
tenancy at will only. 

FORM OF NOTICE TO QUIT. 
Being in the possession of certain premises, with the 

appurtenances, situate which you now hold as tenant 

under I hereby give you notice that it is my desire 



746 INSTRUCTION IN REAL ESTATE 

to have again and repossess the same, at the expiration of 
your current term, to wit, on the day of , 19. . 



FORM FOR NON-PAYMENT OF RENT. 
You are hereby notified to quit the premises situate 

which I have leased to you, reserving rent, — "or 

pay and satisfy the rent due and in arrear" being $ , 

which amount was due on the day of , 19. ., 

and is hereby demanded, — (you having neglected or re- 
fused to pay the amount so reserved, as often as the same 
has grown due, according to the terms of our contract — 
and there being no goods on the premises adequate to 
pay the rent so reserved, except such articles as are exempt 
from levy by the laws of this commonwealth) within 

days from the date thereof, or I shall proceed 

against you as the law directs. 

Yours, etc., 

LEASE FORM. 

This indenture, made the day of , in the 

year of our Lord one thousand and nine hundred and , 

between A. B., of , of the first part, and C. D., of 

, of the second part, witnesseth : That the said A. 

B., for and in consideration of the yearly rent and cove- 
nants hereinafter mentioned and reserved, on the part and 
behalf of the said C D., his executors, administrators and 
assigns, to be paid, kept, and performed, hath demised, 
granted and leased, and by these presents doth demise, 
grant, and lease, unto the said C. D., his executors, admin- 
istrators, and assigns, all that messuage and lot of ground, 
and all and singular the premises hereby demised ; with 
the appurtenances, unto the said C. D., his executors, ad- 
ministrators, and assigns, from the day of 

next ensuing date hereof, for and during the term of 

years thence next ended ; yielding and paying for the same 
unto the said A. B., his executors, administrators, and as- 



AND FIRE INSURANCE. 747 

signs, the yearly rent or sum of dollars in four 

equal (juarterly payments (or as the case may be) of 

dollars each, the first of which to be made on the 

.... day of next. 

And the said C. D., for himself, his heirs, executors, and 
administrators doth covenant, promise, and agree to and 
with the said A. B., his heirs, executors, administrators, 
and assigns, by these presents, that he, the said C. D., his 
heirs, executors, and administrators, shall and will well 
and trul}^ pay or cause to be paid unto the said A. B., his 
heirs, executors, administrators, or assigns, the said yearly 

rent of dollars, hereby reserved, on the several days 

and times hereinbefore mentioned and appointed for the 
payment thereof, according to the true intent and mean- 
ing of these presents. And the said A. B., for himself, his 
heirs, executors, and administrators, doth covenant, prom- 
ise, and agree to and with the said C. D., his executors, 
administrators, and assigns, by these presents, that he, the 
said C. D., his executors, administrators, and assigns, 
(paying the rent and performing the covenants aforesaid), 
shall and may peaceably and quietly have, hold, use, oc- 
cupy, possess and enjoy the said demised premises, with 
the appurtenances, during the term aforesaid, without the 
lawful let, suit, trouble, eviction, molestation, or interrup- 
tion of the said A. B., his heirs or assigns, or any other 
person or persons whatsoever. 

This demise is upon the condition that the covenants 
of the second party shall be fully kept and performed ; 
and on any breach thereof the estate demised shall at the 
election of the first party cease and determine, and the 
first party may re-enter the demised premises without 
previous notice or demand. And upon the expiration or 
other determination of said terms or of any renewal, any 
attorney may appear for the second party in any amicable 
action of ejectment for the demised premises, in any court 
having jurisdiction, and confess judgment therein, Avith 
costs, in favor of the first party, or those claiming under 



748 INSTRUCTION IN REAL ESTATE 

said first party, and against the second party and those 
claiming under the second party, and authorize the im- 
mediate issuing of a writ of Habere Facias Possessionem 
with clause of Fieri Facias, for the costs, without asking 
leave of court; to be released upon the payment of rent 
due, costs of. suit and five per cent attorney's commission 

or fees, within days from the confession of said 

judgment But such re-entry or judgment shall not 

bar the recovery of rent or damages for breach of cove- 
nant ; nor shall the receipt of rent after condition broken 
be deemed a waiver of forfeiture. 

The second party confesses judgment for the rent re- 
served for said term and for each renewal, with stay of 
execution until the several days of judgment; such judg- 
ments, to be entered successively as renewals, shall take 
place and judgment in ejection, as hereinbefore provided, 
may be entered concurrently therewith. 

The notice to cpiit recpiired by an act of assembly pre- 
vious to proceedings to recover possession of the demised 
premises, and the benefit of all laws granting stay of exe- 
cution, appeal, inquisition, or exemption of property from 
sale on execution or distress for rent, are Avaived by the 
second party. 

All personal property if removed from the premises shall 
for thirty days after such removal be liable to distress and 
may be distrained and sold for rent in arrear. 

Witness the hands and seals of llie said parties the day 
and year first above written. A. B. (sfeal.) 

C. D. (seal.) 

Signed, sealed and delivered in presence of 
E. F. 
G. H. 

EXEMPTION AND HOMESTEAD LAWS. 
There is no homestead law in Pennsylvania. As against 
debts based on contract (such as sale, loan, lease, etc.), if 
the benefit of exemption laws be not waived 1)y the debtor, 



AND FIRE INSURANCE. 749 

property, real or personal, worth $300 is exempt, and will 
be appraised and set aside on demand. If the debtor elect 
to take realty and the proper quantity cannot be divided 
off without spoiling the tract, the whole will be appraised 
and he will be paid from proceeds of sale. He cannot take 
real estate against a debt for unpaid purchase money 
thereof. Sewing machines of seamstresses and private 
families and wearing apparel of the family and Bibles and 
school books in use therein are also exempted, as well as 
pianos, melodians, and typewriters leased or hired, if the 
owner give notice to the landlord or his agent before the 
rent has accrued of the leasing or hiring. Nothing is ex- 
empt as against board for four weeks or less. 

STATUTE LAW RELATING TO FENCES. 

A land owner need not fence cattle out. Their owner 
must fence them in. Township auditors are fence viewers 
to determine disputes about the building and maintenance 
of line fences between the improved or enclosed lands of two 
owners. Yet a man if he chooses may build and maintain 
within his own boundary, on his own land a fence, and 
escape the obligation of maintenance as to the division 
fence, in which case he gives up all right to the old fence. 

Fences along public highways made in whole or in part 
of wire without barbs are lawful fences subject to restric- 
tions imposed by municipal authority. Like fences are 
also legal as line fences. 

STATUTE LAWS RELATING TO LIMITATION. 

Suits to recover land must be brought within twenty-one 
years after the right accrued to the claimant or his prede- 
cessors in title. 

DECEDENT'S DEBTS. 
Decedent's (lcl)ls are payable first out of personalty, 
then realty. De1)ts are to be paid according to the follow- 
ing order of preference: i. Funeral expenses, medicine 



750 INSTRUCTION IN REAL ESTATE 

and medical attendance during decedent's last illness and 
servant's wages for one year. 2. Rents for one year. 
3. All other debts without regard to the quality of the 
same except debts due to the commonwealth which shall 
be last paid. As against real estate, however, liens, such 
as judgments and mortgages take precedence to any of 
the above. Payment cannot be enforced until after a year 
from granting of letters, except as to debts preferred in 
order of payment to rents. As against realty, general 
creditors must take steps to collect or further secure their 
claims within two years, and judgment creditors within 
five years, after the death of the decedent or they will be 
lost. . 

DISTRIBUTION OF PROPERTY WHEN NO WILL 

IS LEFT. 

A decedent's estate not disposed of by will or limited 
by marriage settlement, after payment of debts and legal 
charges for settling, vests as follows : 

A widow, if there be issue, takes one-third of the realty 
for life and one-third of the personalty absolutely, and 
if there be no issue, but collateral heirs or other kindred 
she takes half the realty, including the mansion house and 
buildings appurtenant, during life and half the personalty 
absolutely. (Even if there be a will she may elect to take 
this in lieu of what the will allows her.) 

A surviving husband has a life estate in the whole of 
his deceased wife's realty, whether there be issue or not. 
He shares her personalty equally Avith her children, the 
issue of any deceased child taking the share of its parent, 
but if she leaves no issue living he takes it all absolutely. 

Subject to rights above mentioned, realty descends and 
personalty is distributed as follows : 

Children share equally. If grandchildren alone, or if 
other descendants of any one degree of consanguinity 
alone take the estate, all share equally (per capita). If 
the descendants are of different degrees of consanguinity, 



AND FIRE INSURANCE. 75 1 

to the intestate, they share per stirpes, that is, the issue of 
a deceased child, grandchild or other descendant taking 
the share the parent would if living. 

In default of issue, subject to the rights of the widow or 
surviving husband, if any, realty goes to the deceased 
person's father and mother (or to the one if the other be 
dead), during their joint lives and the life of the survivor 
of them, and they (or the one living) in like manner, take 
the personalty absolutely. 

Subject to the above, the brothers and sisters of the 
whole blood shall take the realty in equal shares, the 
children of a deceased brother or sister, nephew or niece, 
taking the share of their parent. If there be no brothers 
or sisters but nephews and nieces of the whole blood they 
shall share per capita. If there be no such brother, sister 
or children or grandchildren thereof, the real estate shall 
vest in the next of kin being the descendants of such 
brothers or sisters. Subject to what precedes, all personal 
estate goes to the brothers and sisters of the intestate or 
their issue as in case of real estate, but without distinction 
of blood. 

Subject to all the foregoing, real estate descends to 
brothers and sisters of the half blood and their issue as 
above indicated in case of collaterals of the whole blood. 

In default of all persons above described, the real and 
personal estate will go to the next of kin, but children of 
deceased uncles and aunts shall take the share of their 
parents, as likewise will brothers' and sisters' grandchil- 
dren where their parents and grandparents are dead, and 
if such kin be one or more than one grandparent and there 
be living at the intestate's death descendants of a deceased 
grandparent, such descendants of the deceased grandparent 
shall take his or her share of the real and personal prop- 
erty, in equal parts if they all be of the same degree of 
consanguinity to the grandparent ; and if not ,then per 
stirpes. 

Notwithstanding the above, if the real estate became 



75^ INSTRUCTION IN REAL ESTATE 

vested in the intestate by descent, gift or devise from an 
ancestor or other relation, such real estate shall pass to the 
blood of such ancestor or other relation only. 

Realty and personalty, in default of known heirs or 
kindred go to the widow or surviving husband absolutely, 
or, in default of these also, it escheats to the common- 
wealth. 

Descendants and relatives of an intestate begotten before 
his death but born after, take as if born in his lifetime. 
Nothing above set forth prevents an intestate in his life- 
time advancing to a child part or all his or her share. 

An illegitimate child is known by its mother's name, and 
it and its issue and mother and grandmother respectively 
take, transmit and inherit property according to intestate 
laws. Illegitimates born of same mother leaving neither 
mother nor issue take and inherit from each other, but 
children, legitimate or illegitimate, of the same mother 
(one of them dying without children or others entitled to 
inherit), inherit from each other to the exclusion of the 
illegitimate's grandmother. 

DISTRIBUTION OF PROPERTY BY WILL. 

Every person of sound mind 21 years old may dispose 
of his or her real or personal estate by will in writing, 
which, unless the person making the same shall be pre- 
vented by the extremity of his last sickness, shall be signed 
at the end thereof by himself or by some person in his 
presence by his express direction. The will must be proved 
by the oaths or affirmations of two or more competent 
witnesses. If there are no subscribing witness, proof of 
the testator's signature by witnesses who are acquainted 
therewith will be sufficient. A testator may sign by mak- 
ing his sign or cross. Growing crops in lands held by a 
widow in dower or by other life tenant may be disposed 
of by will as other personalty, also rents and other peri- 
odical payments accrued to a life tenant or to any person 



AND FIRE INSURANCE. 753 

entitled under laws regulating the descent and partition 
of real estate. 

Personal estate may be bequeathed by nuncupative will 
made during the last sickness in the testator's habitation 
or dwelling or where he has resided for ten days or more 
next before the making of such will, also in case he be 
surprised by sickness while away from his own house and 
shall die before returning thereto, but where the sum or 
value so bequeathed exceeds $ioo it shall be proved that 
the testator at the time of pronouncing the bequest did bid 
the persons present or some of them to bear witness that 
such was his will or to that effect; and in all cases the 
foregoing requisites shall be proved by two or more wit- 
neses who were present at the making of the will. 

A devise of real estate to a person without referring to 
his heirs or using words of inheritance or perpetuity passes 
all the estate of the testator therein, unless a contrary in- 
tent appear. The real estate acquired by a testator after 
making his will shall pass by a general devise, unless a 
contrary intention be manifest on the face of the will. If 
there be a devise or legacy in favor of a child or other 
lineal descendant, or where there is no lineal descendant, 
in favor of a brother or sister or the children of a deceased 
brother or sister, it shall not lapse or become void by rea- 
son of the devisee or legatee dying in the life time of the 
testator, provided such devisee or legatee leave issue sur- 
viving the testator, and in such case the issue will take 
the devise or legacy. If any person make a last will and 
testament, and afterwards marry or have a child or chil- 
dren not provided for in such will, and die ; such widow 
and child shall share in his estate as if no will had been 
made whether such child be born before or after his death. 
If a single woman make a will and marry, it is thereby re- 
voked. A husband may take what is given him under a 
wife's will, or he may take the same interest in her estate, 
real and personal, that would be allowed a widow under 
the intestate laws, or he may take alone a life estate in the 



754 INSTRUCTION IN REAL ESTATE 

whole of her realty. No real or pe-rsonal property shall be 
bequeathed, devised or conveyed unless for a valuable con- 
sideration, for religious or charitable uses, except by deed 
or will attested by two creditable disinterested witnesses 
at least one calendar month before the decease of the tes- 
tator or grantor. Wills take effect as if executed immedi- 
ately before the testator's death, unless a contrary intent 
appear. 

The probate or refusal of probate of a will if not con- 
tested within three years is conclusive as to real estate. 

NOTARY PUBLIC. 
Applicant must have been a resident of the state for two 
years and a resident of the county, for which appointed, 
one year. Women being twenty-one years of age and a 
citizen are eligible. Application should be made to the 
Secretary of State. Appointment is made by the Governor. 
Fee, $25. A bond is also required. Term of office, four 
years. Fees — Protest, 50 cents ; notice of protest, 10 cents ; 
taking acknowledgments or administering an oath, 25 cents. 

LAW CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 
Acknowledgments made out of the state, of deeds, mort- 
gages and other instruments concerning land for record- 
ing in Pennsylvania, may be made before a notary public 
in this or any other country, or before any officer or mag- 
istrate in the United States authorized to take acknowled- 
ment by the local law, but if he be not a notary, a certifi- 
cate of his authority so to act must be added by the clerk 
of a local court of record. They may also be made in for- 
eign countries before ambassadors or other United States 
officers exercising ministerial functions. A major or higher 
military officer commissioned by the governor of this state 
may take acknowledgments of soldiers in service out of the 
state. 



AND FIRE INSURANCE. 755 

RHODE ISLAND. 
STATUTE LAW RELATING TO DEEDS. 
Deeds are valid with one witness and do not require a 
seal. Every conveyance of lands, tenements, or heridita- 
nients absolutely, by way of mortgage or on condition, use 
or trust, for any term longer than one year and all declara- 
tions of trust concerning the same, shall be void unless 
made in writing duly signed, acknowledged as hereinafter 
provided, delivered, and recorded in the records of land 
evidence in the town or city where the said lands, tene- 
ments or hereditaments are situated. Provided, however, 
that the same, if delivered, as between the parties and their 
heirs, and as against those taking by gift or devise, or those 
having notice thereof shall be valid and binding though 
not acknowledged or recorded. A lease for the term of 
one year or less shall be valid although made by parole. 
The certificate of acknowledgment shall express the ideas 
that the grantors respectively making the acknowledg- 
ment were each and all known to the magistrate taking 
the acknowledgment and known by the magistrate to be 
parties executing the instrument, and that they acknowl- 
edged said instrument to be their free act and deed. No 
other acknowledgment shall be required of married women. 

STATUTE LAW RELATING TO MARRIED 
WOMEN. 
A married woman has the right to sue or make contracts 
as if single, and may be sued as if single. A husband is 
required to support his family according to his means, but 
his wife can contract for the support of herself, husband 
and children. If a wife does not join in a deed for her 
husband's realty and he die first, she will have dower 
therein. 

WARRANTY DEED. 

Know all men by these presents, that hereinafter 

called the grantor., in CQnaideratipn of , dollars, to 



756 INSTRUCTION IN REAL ESTATE 

viz., $. dated due with interest at 

the receipt whereof is hereby acknowledged, do hereby give, 
grant, bargain, sell and convey unto the said grantee . . 
and heirs and assigns forever, the following described lot. . 

or parcel . . of land situate or being in the county of 

State of Rhode Island, to wit : 

To have and to hold the aforegranted premises, with all 
the privileges and appurtenances thereunto belonging, 

unto and to use of the said grantee . . . and heirs 

and assigns forever. 

And the said grantor.., do hereby, for ...... 

and for heirs, executors and administrators cove- 
nant with the said grantee. . and heirs and assigns, 

that lawfully seized in fee simple of the said 

granted premises ; that the same are free from all incum- 
brances that have good right, full power 

and lawful authority to sell and convey the same in man- 
ner as aforesaid; that the said grantee. . and heirs 

and assigns shall by these presents at all times hereafter 
peaceably and quietly have and enjoy the said premises, 

and that the said grantor. . will and heirs, 

executors and administrators shall, warrant and defend 

the same to the said grantee. . and heirs and assigns 

forever against the lawful claims and demands of all per- 
sons 

And for the consideration aforesaid do hereby re- 
lease all right of in and to the said granted 

premises unto the said grantee., and heirs and 

assigns forever. 

In witness whereof, I have hereunto set my hand and 

seal, this day of , A. D., 19. . 

(seal.) 

Signed, scaled and delivered in the presence of 



State of Rhode Island, County of 



AND FIRE INSURANCE. 757 

In on the day of A. D., 19. ., before 

me personally appeared J. D. and Mary D., his wife, each 
to me known, and known by me to be the parties executing- 

the foregoing instrument, and acknowledged said 

instrument, by them executed, to be their free act and 
deed. (Name and official character.) 



MORTGAGE FORM. 

This indenture witnesseth that A. B., of , party 

of the first part (if the mortgage is that of a married man 
and the wife joins, as is commonly the case, to extinguish 
her dower or other rights, insert ''and Mary B., his wife" 
and make other corresponding changes below. If the 
land mortgaged belongs to a married woman insert ''and 

, her husband," and make other necessary changes 

below), in consideration of dollars to him paid by 

C. D., party of the second part, the receipt whereof is 
hereby acknowledged, does hereby give, grant, bargain, 
sell, release, convey and confirm to the said C. D., his 
heirs ("successors" instead of "heirs" if a mortgage is to 
a corporation) and assigns forever, the following described 

premises, situate in the of , county of 

and state of , (describe it so that it may be accurately 

identified) and all the right, title and interest of the said 
A. B., either in law or equity, in and to the said premises; 
together with all the appurtenances to the same belonging. 
To have and to hold the same unto the said C. D., his 
heirs and assigns forever, and the said A. B., for himself 
and his heirs, executors and administrators, hereby cove- 
nants with the said C. D., his heirs and assigns that he, 
the said A. B., is lawfully seized of the said premises, in 
fee simple, and has full right and power to convey the 
same, that the title and premises so conveyed are clear and 
unincumbered; (if there are any exceptions to this state 
them). xA.nd further, that he will warrant and defend the 
same against all claim or claims of all persons Avhomso- 



75^ INSTRUCTION IN REAL ESTATE 

ever. Provided, nevertheless, that whereas, the said A. 
B., has executed and dehvercd unto the said C. D., a cer- 
tain (bond, promissory note, or as the case may be) bear- 
ing even date herewith (then proceed to further describe 
it so that it may be identified with certainty, or if short, 
a copy of it may be inserted, the fact being stated that it 
is a copy). 

Now if the said A. B., his heirs, executors, administra- 
tors or assigns shall pay said debt or sum of dol- 
lars and interest which shall accrue thereon to the said C. 
D., his heirs or assigns,- according to the tenor thereof, 
then this mortgage shall be void; and I the said Mary B., 
in consideration of the sum paid as aforesaid do hereby 
release and forever quit claim unto the said grantee, his 
heirs and assigns, all my right of dower in and to the afore- 
granted premises. (Omit the above if no married woman 
joins in the mortgage.) 

Furthermore I, the said A. B. (or we the said A. B. and 
Mary B., do hereby constitute and appoint the said 
grantee his executors, administrators and assigns, my (or 
our) attorneys irrevocable with full power of substitution 

and revocation for and in ...... name (or in their 

name or names) at any time in case default shall be made 
in the payment of said note or the semi-annual in- 
terest due thereon or breach shall be made of the cove- 
nant of insurance hereinafter contained and if such default 
or breach shall continue for the term of ten days, to sell at 
public auction the premises aforesaid or any part thereof 
and to bid and become the purchaser thereof, they first 
giving, after the expiration of said term of ten days, 
twenty days' notice of such sale in some one of the public 

newspapers published in and in name (or in 

their name or names) to make, execute, seal, acknowledge 
and deliver to the purchaser or purchasers thereof any 
deed or deeds, that may be necessary to vest in such pur- 
chaser or purchasers a full and absolute estate in fee sim- 
ple therein and on sale thereof hereby granting unto 



AND IIRE INSURANCE. 759 

said attorney's full power to continue or adjourn such sale 
from time to time do authorize said attor- 
neys to receive the amount the same may be sold for and 
after the payment of all the expenses incident to such 
sale or sales to apply and appropriate the residue thereof 
to the payment of the amount of principal and interest of 

said note hereby secured hereby agreeing that in 

case of a sale for a default in payment of said semi-annual 
interest or for breach of said covenant of insurance the 
principal of said note shall be deemed due and pay- 
able on the day of such sale, accounting to heirs 

and assigns for all sums over and above the amount 

thereof hereby ratifying, approving and confirming 

such sale or sales as may be made or caused to be made by 
virtue hereof. Said party of the first part agrees to keep 
the buildings insured for a sum not less than dol- 
lars. 

In witness whereof, the said A. B., has hereunto 

set his hand and seal this day of in the year 

of our Lord A. B. (seal.) 

Signed and acknowledged in presence of 
E. F. 
G. H. 
State of Rhode Island, County of 

In on the day of , A. D., 19. ., before 

me personally appeared J. D. and Mary D., his wife, each 
to me known, and known by me to be the parties executing 

the foregoing instrument, and acknowledged said 

instrument, by them executed, to be their free act and 
deed. (Name and official character.) 



STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 
Chattel mortgages and mortgages of personal property 
must be recorded to be valid against third parties, unless 
possession is taken and retained by the vendee. 



760 INSTRUCTION IN REAL ESTATE 

Record must be in the town where the mortgagor re- 
sides, if a non-resident in the town where the property is 
located. 

Such recording, taking and retention of possession, must 
be within five days of date of signing. 

CHATTEL MORTGAGE. 

Know all men by these presents, that residing in 

county of , state of , party of the first 

part, being justly indebted to , residing in , 

party of the second part, in the sum of dollars, 

which is hereby confessed and acknowledged, has, for the 
purpose of securing the payment of said debt, granted, bar- 
gained, sold and mortgaged, and by these presents does 
grant, bargain, sell and mortgage unto the said party of 
the second part, his heirs, executors, administrators and 
assigns, all that certain personal property described as 
follows, to wit: (Describe it and state where it is and in 
whose possession), all of which property the party of the 
first part covenants is free and clear from all liens and en- 
cumbrances, (here mention Exemptions, if any) and the 
said party of the first part for himself, his heirs, executors, 
and administrators, all and singular, the goods, chattels 
and personal property above bargained and sold, unto the 
said party of the second part, his executors, administrators 
and assigns, against him the said party of the first part, 
and against all and every other person or persons, whom- 
soever, shall and will warrant and forever defend. 

To have and to hold, all and singular, said goods and 
chattels, unto the said party of the second part, his heirs, 
executors, administrators and assigns, forever; provided, 
ahvays, and these presents are upon this express condition : . 
That if the said party of the first part shall pay or cause to 
be paid unto the said party of the second part, his heirs or 
assigns, the sum of dollars, according to the condi- 
tions of two (or as the case may be) certain promissory 
notes, executed by payable to at , 



AND FIRE INSURANCE. 761 

viz., $ dated due. . . . .with interest at 

.... per cent, per annum, until paid (or omitting all after 
"promissory notes" and inserting "of which the following 
are copies" and then insert copies, or if the indebtedness 
is not represented by promissory notes, its character may 
be otherwise indicated). Then these presents to be void 
and of no effect. And as long as the conditions of this 
mortgage are fulfilled, the said party of the first part is 
to remain in peaceful possession of said property, and in 
consideration thereof agrees to keep said property in as 
good condition as it now is, at the cost and expense of 
said first party. 

In witness whereof, the said party of the first part has 

hereunto set his hand and seal, this day of , 

A. D., 19. . (seal.) 

Signed and delivered in presence of 



, i9.--. 

Then personally appeared the above named 

and acknowledged the foregoing instrument to be 

free act and deed, before me, 

STATUTE LAW RELATING TO BILLS OF SALE. 
A bill of sale of personalty is good between the parties 
but not as to third parties and attaching creditors, if ven- 
dor retain possession. Retention by the vendor is presum- 
tive evidence of fraud but not conclusive. 

BILL OF SALE FORM. 

Know all men, by these presents, that I, A. B., of , 

in consideration of the sum of dollars to me in hand 

paid by C. D., of the same place, at and before the ensealing 
and delivering of these presents, the receipt whereof I do 
hereby acknowledge, (or if the consideration be different 
state it), have bargained, sold, released, granted, and con- 
firmed, and by these presents, do bargain, sell, release, 
grant and confirm, unto the said C. D,. all the following 



y62 INSTRUCTION IN REAL ESTATE 

goods, household stuff, and implements of household (or 
as the case may be) (here describe each article so it can be 
identified) now remaining and being (mention where they 
are) to have and to hold all and singular the said goods 
and chattels, etc., and every one of them, by these pres- 
ents bargained, sold, released, granted, and confirmed, unto 
the said C. D., his heirs, executors, administrators, and 
assigns, to his and their only proper use and behalf forever. 

Witness my hand and seal, this fourth day of , 

A. D., 19.. A. B. (seal.) 

Signed, sealed and delivered in presence of 
E. G. 
A. R. 

STATUTE LAWS RELATING TO LANDLORD 
AND TENANT. 

No right of distrainor of personal property for rent due. 
Tenant at will or by suffrage must quit on notice in writ- 
ing at day named therein. 

Tenant by parol from year to year, to quit at end of year 
by notice in writing three months prior to the expiration 
of the tenancy. 

Tenant by parol, less than year, to quit on notice in 
writing equal to half the period of the term. 

Non-payment of rent gives right of action after 15 days 
without demand. 

All leases must be in writing and signed and acknowl- 
edged by the parties thereto and if for more than one year, 
must be recorded.- 

A parol lease for one year is valid. 

Notice to quit must end Avith day of month on Avhich 
tenancy begins and cannot be served by copy. 

A tenant to terminate his tenancy must give to his land- 
lord the same notice required of said landlord. 

LEASE FORM. 

This indenture made and executed this day of 

A. D., 19. ., between of , of the 



AND FIRE INSURANCE. 763 

first part, and of , of the second part, 

vvitnesseth that in consideration of the rents and covenants 
hereinafter expressed, the said party of the first part has 
demised and leased, and does hereby demise and lease to 

the said party of the second part the following 

premises, viz. : (describe them) with the privileges and 

appurtenances, for and during a term of from the 

day of 19. ., which term will end 

And the said party of the second part covenants that .... 
will pay to the party of the first part, for the use of said 

premises, the yearly rent of dollars ($ ), 

to be paid monthly in advance in equal installments, with- 
out demand therefor being made by the party of the first 
part. 

And provided, said party of the second part shall fail to 
pay said rent, or any part thereof, when it becomes due, 
it is agreed that said party of the first part may sue foi the 
same, or re-enter ' said premises, or resort to any legal 
remedy. 

The party of the part agrees to pay all 

taxes to be assessed on said premises during said term. . 

The party of the second part covenants that at the ex- 
piration of said term he will surrender up said premises to 
the part}' of the first part in as good condition as now, 
necessary wear and damage by the elements excepted. 

Witness the hands and seals of the said parties the day 
and year first above written. 

A. B. (seal). 
C D. (seal). 

Signed, sealed and delivered in presence of 
E. R, 
G. H. 

Then personally appeared the above named 

and acknowledged the foregoing instrument to be 

free act and deed, before me. 



764 INSTRUCTION IN REAL ESTATE 

EXEMPTION AND HOMESTEAD LAWS. 

Necessary wearing apparel of family; working tools to 
the value of $200; household goods and furniture of a 
householder to the value of $300, (piano and sewing ma- 
chine are furniture) ; Bibles and school books in use to 
value of $300; one cow, one pig and one hog of a house- 
keeper; personal equipment of militia man; church pew, 
burial lot, seaman's wages ; debts secured by bills of ex- 
change or promissory notes ; wages due to the amount of 
$10 except when cause of action is for necessaries furnished 
defendant; professional library of any professional man in 
actual practice ; and the salary and wages of the wife and 
riilnor children of any debtor. 

No female can be arrested on original writ in any action 
founded on contract. 

No voter can be arrested on civil process on election days 
or on the day preceding or following such election. 

No member of the general assembly of the state can be 
arrested or his estate attached on civil process during the 
session or two days before or two days after. 

STATUTE LAW RELATING TO FENCES. 

A land owner need not fence cattle out. Their owner 
must fence them in. 

The statute defines what are lawful fences. 

Provisions are made in the statutes for the maintenance 
of partition fences between improved lands and between 
improved and unimproved lands and authority is given to 
the fence viewer to order such repaired and rebuilt and to 
settle all disputes relative to the same. 

STATUTE LAWS RELATING TO LUMITATION. 

Trespass within four years. 

Actions of account except commercial accounts, actions 
of the case (except slander), debt on simple contract or for 
arrests of rent, detinue, replevin, within six years. 

Actions of debt on judgment or on specialties within 20 



AND FIRE INSURANCE. 765 

years. Limitation does not run against persons disabled 
from suing, such as minors noncompos mentis, imprisoned 
or beyond United States, until the disability is removed. 

DECEDENT'S DEBTS. 
Order of preference : i. Necessary expenses incident to 
administration. 2. Debts due to the United States. 3. 
The necessary funeral charges of the deceased. 4. The 
charge for medical attendance and nuvsing specially em- 
ployed and medicines used in the last illness. 5. Debts 
due to the state. 6. All state and town taxes. 7. All 
other debts. As against real estate, however, liens, such 
as judgments and mortgages take preference to any of 
the above. Such cannot be brought luitil six months after 
the publication of the first notice of appointment and quali- 
fication of the executor or administrator and not after two 
years from publication of such notice. 

DISTRIBUTION OF PROPERTY WPIEN NO WILL 

IS LEFT. 
Real estate of an intestate descends and passes in equal 
portions to his kindred in the following course : To his 
children or their descendants, if any there be. If there be 
no children nor their descendants, then to the father of 
such intestate. If there be no father, then to the mother, 
brothers and sisters of such intestate, and their descen- 
dants, or such of them as there be. If there be no mother, 
nor brothers or sisters, nor their descendants, the inheri- 
tance shall go in equal moieties to the paternal and mater- 
nal kindred, each in the following course: i. To the 
grandfather, if any there be. 2. If there be no grandfather, 
then to the grandmother, uncles and aunts, on the same 
side, or their descendants by representation, or such of 
them as there be. 3. If there be no grandmother, nor 
uncle or aunt, nor their descendants, then to the great- 
grandfathers or great-grandfather, if there be but one. 
4. If there be no great-grandfather, then to the great- 



766 INSTRUCTION IN REAL ESTATE 

grandmothers or great-grandmother, if there be but 
one, and the brothers and sisters of the grandfathers and 
grandmothers and their descendants, or such of them as 
there be, and so on in other cases, without end, passing to 
the nearest lineal male ancestors, and for want of them to 
the lineal female ancestors in the same degree, and the 
descendants of such male and female lineal ancestors, or 
such of them as there be. No right in the inheritance shall 
accrue to any persons whatsoever other than to the child- 
ren of the intestate, unless such persons be in being and 
capable in law to take as heirs at the time of the intestate's 
death. When hereinbefore the inheritance is directed to 
go by moieties to the paternal and maternal kindred, if 
there be no such kindred on the part, the whole shall go to 
the other part ; and if there be no kindred either on the one 
part or the other, the whole shall go to the husband or wife 
of the intestate and if the husband or wife be dead, it shall 
go to his or her kindred in the like course as if such hus- 
band or wife had survived the intestate and then died 
entitled to the estate. The descendants of any person 
deceased shall inherit the estate which such person would 
have inherited had such person survived the intestate, sub- 
ject to the express provisions of these canons of descent. 
When the title to any real estate of inheritance as to which 
the person having such title shall die intestate, came by 
descent, gift or devise, from the parents or other kindred 
of the intestate, and such intestate die without children, 
such estate shall go to the kin next to the intestate, of 
the blood of the person from whom such estate came or 
descended, if any there be; and as between the legal and 
equitable title, in case of merger, the equitable title shall 
govern the course of descent under the foregoing provisions. 
Bastards shall be capable of inheriting or transmitting 
inheritance on the part of their mother, in like manner as 
if they had been lawfully begotten of such mother. A 
widow has dower and a husband has curtesy. 

The surplus of any chattels or personal estate of a de- 



AND FIRE INSURANCE. "jGy 

ceased person, not bequeathed, after the payment of his 
last debts, funeral charges and expenses of settling his 
estate, shall be distributed by order of the probate court 
which shall have granted administration in the following 
manner: i. One-half part thereof to the widow of the 
deceased forever, if the intestate died without issue. 2. 
One-third part thereof to the widow of the deceased for- 
ever, if the intestate died leaving issue. 3. The residue 
shall be distributed among the heirs of the intestate in the 
same manner real estate descends and passes, but without 
having any respect to the blood of the person from whom 
such personal estate came or descended. 

DISTRIBUTION OF PROPERTY BY WILL. 

Any person of sane mind and of twenty-one years of 
age, may make a w^ill ; it shall be in writing and witnessed 
by two witnesses in the presence of the testator. A nun- 
cupative will may be made by a soldier in actual service, 
and by a sailor at sea. Wills speak and take effect from 
death of the testator. A child can take as in case of intes- 
tacy if not provided for in the will ; so also can a child born 
after the execution of a will, unless provided for therein. 
Whenever any real estate shall be devised without words 
of limitation, such devise shall be construed to pass the 
fee simple or the whole estate or interest which the testator 
had power to dispose of by will in such real estate, unless 
a definite term of years, absolute or determinable, or an 
estate of freehold, shall be thereby expressly given to him. 
his or her marriage, except a will made in exercise of a 
power of appointment when the real or personal estate 
thereby appointed would not in default of such appoint- 
ment pass to his or her heir, executor or administrator, or 
the person entitled as his or her next of kin under statutes 
of distribution. 

The widow of any testator, in whose will provision is 
made in lieu of dower, shall, in case of her non-acceptance 



7^8 INSTRUCTION IN REAL ESTATE 

of such provision, signify the same in writing to the pro- 
bate court within one year from the probate of the will. 

When a testator omits to provide in his will for any of 
his children or for the issue of a deceased child/they shall 
take the same share of his estate that they would have been 
entitled to if he had died intestate, unless it appears that 
the omission was intentional and not occasioned by acci- 
dent or mistake. 

The husband is entitled to curtesy, even if the wife make 
a will disposing of the real estate. 

NOTARY PUBLIC. 

Applicant must be a citizen. Appliqation should be 
made to the Secretary of State. Appointment is made by 
the Governor. Fee, $2. Term of office, one year. Fees — 
Notice of protest, 25 cents ; taking acknowledgments, 50 
cents ; administering oath, 25 cents. 

LAW CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 

Acknowledgments made out of the state may be made 
before any judge or justice of a court of record or other 
court, justice of the peace, mayor or notary public, of the 
state where made or any commissioner appointed by the 
governor of the state. If executed in manner prescribed 
by law of the state where executed, it is deemed legally 
executed. Without United States it ma}'- be made before 
any ambassador, minister, charge d' aifaires, consul gen- 
eral, vice-consul general, consul, vice consul, consular 
agent, or commercial agent of the United States, or before 
any commissioner appointed by the governor of this state. 

Any sailor or soldier, within or without this state, while 
in active service, may make acknowledgments before any 
colonel, lieutenant colonel, or major in the army, or before 
any officer in the navy not below the rank of lieutenant 
commander. 



AND FIRE INSURANCE. 769 

SOUTH CAROLINA. 
STATUTE LAW RELATING TO DEEDS. 

Deeds, mortgages, leases and all other instruments in 
writing which are required to be recorded shall be valid, 
so as to affect from the time of their execution and delivery, 
the rights of subsequent creditors, whether lien creditors 
or simple contract creditors or purchasers for valuable 
consideration without notice, only if recorded within forty 
days from execution. Deeds and mortgages must be wit- 
nessed by two witnesses, one of whom shall make affidavit 
of the execution thereof, if within the state before some 
officer who is competent to administer an oath ; if without 
the state before a commissioner of deeds for the state, or 
a clerk of court w^ho shall make certificate thereof under 
his official seal, or a notary public who shall affix seal and 
be certified to by the clerk of court; if without the United 
States proof must be made before a consul, or consular 
agent of the United States. 

A seal or scroll is necessary to the validity of a deed or 



STATUTE LAW RELATING TO MARRIED 
WOMEN. 

A married woman has the same right and power con- 
cerning property and to contract, to alien and mortgage 
realty as if unmarried, but she cannot be legally bound as 
surety, guarantor or accommodation endorser. If a wife 
does not release her right of dower in her husband's realty 
and he die first she will have dower therein (one-third for 
life). 

The husband is not liable for the debts of the wife con- 
tracted prior to or after their marriage, except for nec- 
essary support and the support of their minor children re- 
siding with her. 

When a married woman is a party to an action at law, 
her husband must be joined with her, excjept, first, When 



yyo INSTRUCTION IN REAL ESTATE 

the action is concerning her separate property; second, 
When the action is between herself and her husband in 
which case she may sue or be sued alone. 

Tenancy by curtesy is abolished in this state. 

WARRANTY DEED. 
State of Carolina. 

Know all men by these presents, that in the state 

aforesaid in consideration of the sum of to 

paid by , in the state aforesaid have 

granted, bargained, sold, released, and by these presents 

do grant, bargain, sell, and release, unto the said 

all that following described (insert description) together 
with all and singular the rights, members, hereditaments 
and appurtenances to the said premises belonging or in 
anywise incident or appertaining. 

To have and to hold all and singular the premises before 
mentioned unto the said , heirs and assigns forever. 

And do hereby bind heirs, executors and 

administrators, to warrant and forever defend all and sin- 
gular the said premises unto the said heirs and 

assigns, against and heirs lawfully claiming 

or to claim, the same or any part thereof. 

Witness hand., and seal., this day of 

in the year of our Lord one thousand nine hundred 

and and in the one hundred and year of the 

sovereignty and independence of the United States of 

America. (seal.) 

(seal.) 

Signed, sealed and delivered in the presence of 



State of South Carolina, County. 

Personally appeared before me and made oath 

that saw the within named sign, seal and 

as act and deed, deliver the within written deed for 



AND FIRE INSURANCE. 77 1 

the uses and purposes therein mentioned, and that 

herewith witnessed the execution thereof. 

Sworn to before me, this day of , 19. . 

(seal.) (Name and official character.) 

Renunciation of Dower. (To be endorsed on the deed.) 
State of South Carolina, County. 

I do hereby certify unto all whom it may con- 
cern, that Mrs , the wife of the within named 

, did this day appear before me, and, upon being 

privately and separately examined by me, did declare that 
she does freely, voluntarily, and without any compulsion, 
dread, or fear of any person or persons whomsoever, re- 
nounce, release, and forever relinquish unto the within 

named , heirs and assigns, all her interest and. estate, 

and also all her right and claim of dower of, in, or to all 
and singular the premises within mentioned and released. 

Given under my hand and seal this day of , 

Anno Domini 19. . . . (Wife's signature.) 

(seal.) 

MORTGAGE FORM. 

This indenture witnesseth that A. B., of , party 

of the first part, (if the mortgage is that of a married man 
and the wife joins, as is commonly the case, to extinguish 
her dower or other rights, insert "and Mary B., his wife," 
and make other corresponding changes below), in consid- 
eration of dollars to him paid by C. D., party of the 

second part, the receipt whereof is hereby acknowledged, 
does hereby give, grant, bargain, sell, release, convey and 
confirm to the said C. D., his heirs ("successors" instead of 
"heirs" if mortgage is to a corporation) and assigns for- 
ever, the following described premises, situate in the 

of , county of and state of (djescribe 

it so that it may be accurately identified) and all the right, 
title and interest of the said A. B., either in laAv or equity, 
in and to the said premises ; together with all the appur- 
tenances to the same belonging. To have and to hold the 



772. INSTRUCTION IN REAL ESTATE 

same unto the said C. D., his heirs and assigns forever, and 
the said A. B., for himself and his heirs, executors and 
administrators, hereby covenants with the said C. D., his 
heirs and assigns, that he, the said A. B., is lawfully seized 
of the said premises, in fee simple, and has full right and 
power to convey the same, that the title and premises so 
conveyed are clear and unincumbered; (if there are any ex- 
ceptions to this state them). And further, that he Avill 
warrant and defend the same against all claim or claims 
of^all persons whomsoever. Provided, nevertheless that 
whereas, the said A. B., has executed and delivered unto 
the said C. D., a certain (bond, promissory note, or as the 
case may be) bearing even date herewith (then proceed 
to further describe it so that it may be identified with cer- 
tainty, or, if short, a copy of it may be here inserted, the 
fact being stated that it is a copy). 

Now if the said A. B., his heirs, executors, administra- 
tors or assigns shall pay said debt or sum of dol- 
lars and interest which shall accrue thereon to the said 
C. D., his heirs or assigns according to the tenor thereof, 
then this mortgage shall be void. 

The said mortgagor covenants and agrees that he will keep 
all buildings that may at any time be upon said premises, 
insured in such company or companies as the holder of 

the said notes shall direct, for not less than dollars, 

and make the loss, if any, payable to, and deposit the pol- 
icy or policies of insurance with the party of the second 
part, or his assigns, as further security for the indebted- 
ness aforesaid. And if said mortgagor fails to effect said 

insurance, or to deliver over to said second party, or 

assigns, in accordance with the conditions herein, said 
policy or policies, then and thereupon said second part}^ 
or their assigns may procure such insurance, and the costs 
thereof shall be a lien hereunder on said property and may 
elect to declare the conditions herein violated, and the said 
sum above named shall be declared to be, and shall become 
due and payable under the terms and conditions hereof, and 



AND FTRE INSURANCE. JJT^ 

said second party or his assigns, may immediately pro- 
ceed to collect the same and interest accrued thereon. 

And it is hereby agreed, by and between said parties that 
should any default be made in the payment of the said 
interest, or any part thereof, (or of any installment of prin- 
cipal, or of any part thereof), on any day whereon the same 
is made payable, as above expressed, and should the same 

remain unpaid and in arrear for the space of days, 

then, and from thenceforth, that is to say, after the lapse 

of the said days, so much of the aforesaid principal 

sum of as remains unpaid, with all arrearage of 

interest thereon, shall, at the option of the said party of 
the second part, his executors, administrators or assigns, 
become and be due .and payable immediately thereafter, 
although the period above limited for the payment thereof 
may not have then expired, anything hereinbefore or in 
said promissory note (or bond) contained to the contrary 
thereof in anywise notwithstanding. 

And it is also agreed, by and between the parties to these 
presents that the said party of the first part, his executors, 
administrators or assigns, will pay and discharge, within 
the time prescribed by law, all such duties, taxes and as- 
sessments (extraordinary as well as ordinary) as shall by 
any lawful authority (Avhilst the moneys secured by these 
presents are unpaid), be imposed upon the premises above 
conveyed ; and in default thereof, it shall be lawful for the 
said party of the second part, his executors, administra- 
tors or assigns, to pay and discharge said duties, taxes 
and assessments ; and the moneys thus paid shall be a lien 
on said premises, added to the amount secured by these 
presents, and payable forthwith, with interest at the rate of 

per cent, per annum. Upon the violation of any 

or all of said covenants and agreements, the whole amount 
of said debt, at the option of the lawful holder thereof, 
shall become due and collectable at once, anything here- 
inbefore or in said obligation contained to the contrary 
notwithstanding; and it shall and may be lawful for the 



774 INSTRUCTION IN REAL ESTATE 

said and assigns, and the said doth hereby 

empower and authorize the said or assigns, to grant, 

bargain, sell, release, and convey the said premises, with 
appurtenances, at public auction or vendue, at the door of 
the court house in the county aforesaid, to the highest 
bidder for cash, three weeks previous notice of the time, 
place, and terms of sale having been first given once a 
week in some newspaper published in said county ; at 
which sale they, or any of them, shall have the right to 
become purchasers of said premises, and on such sale to 
make and execute to the purchaser or purchasers, his, her, 
or their heirs and assigns forever, a conveyance in fee of 
the said premises, free and discharged from all equity or 
redemption and right of dower, and all and every other 
encumbrances subsequent to this mortgage, and after de- 
ducting from the proceeds of said sale all taxes and assess- 
ments due thereon, or which may have been paid by the 
mortgagee, the principal and interest due on said debt, and 
a reasonable attorney's fee, premiums of insurance, and the 
costs and charges of the said sale, then to hold the over- 
plus subject to the rights of the holder of any subsequent 
lien or encumbrance on the said premises, who may give 
express notice in writing of his holding the same, and if 
no such claim be made, then to pay such overplus to the 

said heirs, executors, administrators or assigns. 

But if the proceeds shall be insufficient to pay the said 
debt, interest, taxes and assessments, fees, costs and 
charges, the amount unpaid shall not be extinguished by 
the mortgagee, being the purchaser of the premises. The 
completion of said sale, by conveyance, shall entitle the 
purchaser to immediate possession of the premises, and 

any holding of the same thereafter by the said or 

other persons holding under shall be as tenant of 

the said purchaser, at a rent of dollars a month, 

payable monthly, and the said purchaser may at any time 
determine such tenancy by giving one month's notice to 
the party in possession, or without such notice, in case at 



AND FIRE INSURANCE. 775 

any time month's rent be due and unpaid, and in 

either of said cases such purchaser shall have the right 
to obtain possession of said premises, as in other cases of 
landlord and tenant determination of a lease. 

And it is agreed, by and between said parties, that the 
said mortgagor heirs, executors, and administra- 
tors, in the event of a foreclosure of this mortgage by ju- 
dicial proceedings, shall pay a reasonable attorney's fee, 
which shall be secured by this mortgage, and shall be in- 
cluded in judgment of foreclosure. 

In witness whereof, the said A. B has hereunto 

set his hand and seal this day of ...... in the year 

of our Lord A. B. (seal.) 

Signed and acknowledged in the presence of 
E. F. 
G. H. 
State of Carolina, County. 

Personally appeared before me and made oath 

that saw the within named sign, seal and as 

act and deed, deliver the within written deed for the 

uses and purposes therein mentioned, and that he 

herewith Avitnessed the execution thereof. 

Sworn to before me, this day of , 19. . . . 

(seal.) (Name and official character.) 



Renunciation of Dower. (To be endorsed on the Deed.) 
State of South Carolina, County. 

I, , do hereby certify unto all whom it may con- 
cern, that Mrs , the wife of the within named 

....... did this day appear before me, and, upon being 

privately and separately examined by me, did declare that 
she does freely, voluntarily, and without any compulsion, 
dread, or fear of any person or persons whomsoever, re- 
nounce, release, and forever relinquish unto the within 

named , heirs and assigns, all her interest and estate, 

and also all her right and claim of dower of, in, or to all 



"jy^i INSTRUCTION IN REAL ESTATE 

and singular the premises within mentioned and released. 

Given under my hand and seal this day of , 

Anno Domini 19 . . (Wife's signature.) 
(seal.) 

STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 

Chattel mortgages must be recorded and are applicable 
to all chattels. They are good for six years. The property 
mortgaged must be described in writing or typewriting, 
but not printing. Each year's crop may be mortgaged but 
the mortgage is good only for the year in which it is given. 

CHATTEL MORTGAGE. 

Know all men by these presents, that residing in 

, county of , state of , party of the first 

part, being justly indebted to , residing in , 

party of the second part, in the sum of dollars, 

which is hereby confessed and acknowledged, has, for the 
purpose of securing the payment of said debt, granted, 
bargained, sold and mortgaged, and by these presents does 
grant, bargain, sell and mortgage unto the said party of 
the second part, his heirs, executors, administrators and 
assigns, all that certain personal property described as fol- 
lows, to wit: (Describe it and state where it is and in 
whose possesion), all of which property the party of the 
first part covenants is free and clear from all liens and 
encumbrances (here mention Exemptions, if any), and the 
said party of the first part for himself, his heirs, executors 
and administratiors, all and singular, the goods chattels 
and personal property above bargained and sold, unto the 
said party of the second part, his executors, administrators 
and assigns, against him the said party of the first part, 
and against all and every other person or persons, whom- 
soever, shall and will warrant and forever defend. 

To have and to hold, all and singular said goods and 
chattels, unto the said parly of the second part his heirs. 



AND FIRE INSURANCE. 'J'J^ 

executors, administrators and assigns, forever; provided 
always, and these presents are upon this express condition : 
That if the said party of the first part shall pay or cause 
to be paid unto the said party of the second part, his heirs 
or assigns, the sum of dollars, according to the con- 
ditions of tv^o (or as the case may be) certain promissory 

notes, executed by payable to at , viz., 

$ dated due with interest at .... 

per cent, per annum, until paid (or omitting all after 
''promissory notes" and inserting "of which the following 
are copies" and then insert copies, or if the indebtedness 
is not represented by promissory notes its character may 
be otherwise indicated). Then these presents to be void 
and of no effect. But if default shall happen to be made of 
or in payment of said debt or sum of money, with the in- 
terest, as aforesaid, according to the true intent and mean- 
ing of the note and renewals aforesaid, then it shall be laAv- 

ful to and for the said executors, administrators, 

or assigns from time to time, and at all times hereafter, 
peaceably and quietly, to enter into any or all of the mes- 
suages, lands, or tenements of and to take said per- 
sonal property into their possession ; and the same to sell 
at any county seat they may see fit in this state, at any 
time they may see fit, and on days' notice, by ad- 
vertisement, one or more times, in any newspaper in the 
county in Avhich the sale is made, or by posting on the 
court house door in said county, and to apply the proceeds, 
after paying costs and expenses of seizure and sale, includ- 
ing attorney's fees, to the payment of said debt, with in- 
terest. 

In witness whereof the said party of the first part here- 
unto sets his hand and seal this day of , A. 

D., 19. . (seal.) 

Witness. 



'jy^ INSTRUCTION IN REAL ESTATE 

Affidavit. 
State of South Carolina, County of Richmond. 

Personally appeared before me and made oath 

that he saw the within named sign, seal, and 

as his (or their) act and deed, deliver the within written 
deed; and that he witnessed the execution thereof. 

Sworn to before me this day of , A. D., 

19- • (seal.) 

STATUTE LAW RELATING TO BILLS OF SALE. 
Bill of sale of personalty is good between the parties 
thereto, but not as to third parties thereto, such as cred- 
itors of the seller, if he retain possession, unless recorded 
within forty days from the execution thereof, and operates 
only as a chattel mortgage. 

BILL OF SALE FORM. 

Know all men, by these presents, that I, A. B., of , 

in consideration of the sum of dollars to me in hand 

paid by C. D., of the the same place, at and before the en- 
sealing and delivering of these presents, the receipt 
whereof I do hereby acknowledge (or if the consideration 
be different state it), have bargained, sold, released, 
granted, and confirmed, and by these presents, do bargain, sell, 
release, grant, and confirm, unto the said C. D., all the follow- 
ing goods, household stufif, and implements of household, (or 
as the case may be) (here describe each article so it can be 
identified) now remaining and being (mention where they 
are) to have and to hold all and singular the said goods and 
chattels, etc., and every one of them, by these presents bar- 
gained, sold, released, granted, and confirmed, unto the said 
C. D., his heirs, executors, administrators, and assigns, to 
his and their only proper use and behalf forever. 

Witness my hand and seal, this fourth day of , 

A. D., 19. . A. B. (seal.) 

Signed, scaled and delixcrcd in presence of 
E. G. 
A. R. 



ANt> FIRE INSURANCE. 779 

STATUTE LAWS RELATING TO LANDLORD 
AND TENANT. 

Landlords may distrain personal property for rent due 
while goods are on rented premises or within five days 
after removed therefrom. 

Landlords have a statutory lien on all crops raised on 
rented premises for the rent thereof. 

Tenants refusing to give possession of premises after 
expiration of lease may he ejected hy a magistrate upon 
three days' notice. 

In case of tenants at Avill ten days' notice is required. 
In case of tenancy from year to year three months' notice 
to quit is required. 

FORM OF NOTICE TO QUIT. 
State of South Carolina, County of 

To You are herehy required to show cause 

before the undersigned magistrate, at his office, 

Xo within three days from the personal service of 

this notice, why you should not be ejected from the prem- 
ises according to act of the assembly of the state 

of South Carolina, passed the twenty-second day of March, 
Anno Domini, eighteen hundred and seventy eight. 

Witness my hand and seal this day of , 

A. D., 19. . (seal.) 

LEASE FORM. 

• This indenture made and executed this day of 

, A. D., 19. ., between , of , of the first 

])art, and , of ,of the second part, witnesseth 

that in consideration of the rents and covenants herein- 
after expressed, the said party of the first part has de- 
mised and leased, and does hereby demise an! lease to the 
said party of the second part the following prem- 
ises, viz.: (describe them) with the privileges and appur- 
tenances, for and during a term of from the 

day of , 19. ., which term will end And the 



780 INSTRUCTION IN REAL ESTATE 

said party of the second part covenants that he will pay to 
the party of the first part, for the use of said premises, the 

yearly rent of dollars ($ ), to be paid monthly 

in advance in equal installments, without demand therefor 
being made by the party of the first part. 

And provided, said party of the second part shall fail 
to pay said rent, or any part thereof, when it becomes due, 
it is agreed that said party of the first part may sue for 
the same, or re-enter said premises, or resort to any legal 
remedy. 

The party of the part agrees to pay all 

taxes to be assessed on said premises during said term .... 

The party of the second part covenants that at the ex- 
piration of said term he will surrender up said premises 
to the party of the first part in as good condition as now, 
necessary w^ear and damage by the elements excepted. 

Witness the hands and seals of the said parties the day 
and year first above written. A. B. (seal.) 

C. D. (seal.) 

Signed, sealed and delivered in presence of 

E. F. 

G. H. 
Note. Leases should be made in duplicate, one for each 
party. 

EXEMPTION AND HOMESTEAD LAWS. 

There is a homestead law in South Carolina, reserving 
one thousand dollars in real estate and five hundred dol- 
lars in personalty, to the head of each family. Persons not 
the head of a family are entitled to $300 in wearing apparel 
and tools of trade and other property. 

No homestead as against taxes, or obligations for the 
purchase of homestead, or for improvements thereon, and 
the yearly products of tlie homestead arc liable for pay- 
ment of debts contracted in their production. 



AND FIRE INSURANCE. 781 

STATUTE LAW RELATING TO FENCES. 

A land owner need not fence cattle out. Their owner 
must fence them in. 

A few sections of the state are exempt from the opera- 
tion of the law. There are penalties for allowing stock to 
run at large. 

STATUTE LAWS RELATING TO LIMITATION. 

Suits on judgments of any court, or to foreclose a mort- 
gage of real estate, may be brought wdthin tw^enty years ; 
for the recovery of real estate, in ten years. 

Upon contracts, notes, liability created by statute other 
than penalty for forfeiture, for damages to real property, 
for taking or detaining goods, recovery of personal prop- 
erty, criminal conversation, relief on ground of fraud, in 
six years. 

DECEDENT'S DEBTS. 

Debts are to be paid after proper allowance to the execu- 
tor according to the following order of preference: i. Fu- 
neral and other expenses of the last sickness, charges of 
probate, or letters of administration. 2. Debts due to 
the public. 3. Judgments, mortgages and executions, the 
oldest first. 4. Rent. 5. Bonds, debts by specialty and 
debts by simple contract. 

Alortgages, however, have no priority over rents, debts 
by specialty or simple contracts, execept as to the particu- 
lar part of the estate covered by said mortgage. One year 
is given executor or administrator in which to ascertain 
debts of estate. 

Property of deceased person not a citizen of this state is 
held liable to discharge debts of citizens of this state. 

DISTRIBUTION OF PROPERTY WHEN NO AVILL 

IS LEFT. 
A decedent's estate not disposed of by will, after pay- 
ment of debts and legal charges for settling, vests as fol- 
lows: A widow, if there be issue, takes one-third of the 



782 INSTRUCTION IN REAL ESTATE 

realty and of the personalty absolutely, and if there be no 
issue but collateral heirs or other kindred, she takes half 
the realty and personalty. 

Tenancy by curtesy is abolished in this state. 

Subject to the rights above mentioned, realty descends 
and personalty is distributed as follows : Children share 
equally. Children's children share per stirpes, that is, the 
issue of a deceased child, grandchild or other descendant 
taking the share the parent would if living. 

In default of issue, subject to the rights of the widow or 
surviving husband, if any, the estate goes to the deceased 
person's father, or if father be dead, then decedent's mother, 
and the brothers and sisters of the whole blood all of 
whom shall take in equal shares, the children of a deceased 
brother or sister, taking the share of their parent. If 
there be no such brother, sister or children, or grandchildren 
thereof, but a widow and father or mother, the widow takes a 
moiety and the parent the other moiety. 

If intestate leaves no lineal descendant, father or mother, 
but leaves a widow and brothers and sisters, or brother 
or sister of the whole blood, the widow takes a moiety, 
while the other moiety is divided equally between the 
brothers and sisters, children of deceased brothers and 
sisters taking per stirpes. But if there are no surviving 
brothers or sisters of the whole blood, but nephcAVS and 
nieces of the whole blood and brothers and sisters of the 
half blood, then a moiety is divided between the brothers 
and sisters of the half blood and the children of the de- 
ceased brothers and sisters of the whole blood, the latter 
taking per stirpes. 

If there be no child, or other lineal descendant, father, 
mother, brother, sister of the whole blood or their children 
of the whole blood, or brother or sister of the half blood, 
then the widow takes one moiety, and the lineal ancestor, 
if there be any, the other moiety. If none of the above 
class survive and there be no lineal ancestor surviving, 
then the widow shall take two-thirds share and the re- 



AND FIRE INSURANCE. 783 

mainder shall descend to the next of kin. In reckoning the 
degrees of kindred, the computation shall begin with the 
intestate and be continued up to the common ancestor, 
and then down to the person claiming kindred, inclusively, 
each step inclusively being reckoned as a degree. 

If there be no widow, the share provided for her shall 
be divided amongst the other heirs as provided above. If 
the intestate be a married woman, the words ''surviving 
husband" should be inserted for the word 'Svidow" in all 
of the above provisions. If none of the heirs above men- 
tioned survive, except a widow or surviving husband of 
the intestate, then the whole estate goes to such widow or 
husband, and in default of all heirs, the whole escheats to 
the state. 

After-acquired property goes by will, and is not subject 
to these rules. If the widow claim her dower, she is not 
entitled to her distributive share in addition. 

Descendants and relatives of an intestate begotten be- 
fore his death but born after, take as if born in lifetime. 
Nothing above set forth prevents an intestate in his life- 
time advancing to a child part or all of his or her share. 

Aliens have the same rights of holding, inheriting and 
transmitting property as have citizens. 

DISTRIBUTION OF PROPERTY BY WILL. 
Every person of sound mind twenty-one years old may 
dispose of his or her real or personal estate by will in writ- 
ing, which shall be signed by himself or by some person 
in his presence by his express direction. The will must 
be attested and subscribed by three or more competent wit- 
nesses, who shall sign in the presence of the testator and 
of each other. A legatee or devisee may act as a subscrib- 
ing witness, but any devise or legacy given him by such 
will wdiich is in excess of the amount he would receive if 
testator had died intestate, shall be null and void. A tes- 
tator may sign by making his sign or cross. Growing crops 
in lands held by a widow in dower may be disposed of by 



784 INSTRUCTION IN REAL ESTATE 

will as Other personalty. Any estate for the life of another 
may be devised by will as other property, and if not de- 
vised becomes assets of estate. 

A devise of real estate to a person without referring to 
his heirs or using Avords of inheritance or perpetuity passes 
all the estate of the testator therein, unless a contrary in- 
tent appear. The real estate acquired by a testator after 
making his will shall pass by a general devise, unless a 
contrary intention be manifest on the face of the will. If 
any child die during the lifetime of the father leaving issue, 
any legacy of personalty or devise of realty given in the 
last will of such father or mother shall go to such issue, 
unless such deceased child was equally portioned with the 
other children by the father or mother when living. 

If any person make a last will and testament and after- 
ward marry or have a child or children, and die leaving 
widow or issue, unless said will shall have been made in 
contemplation of marriage expressed on its face, then said 
will shall be deemed to be revoked. 

If no provisions are made in will for after-born or post- 
humous child or children, said child or children shall take 
a share or shares equal to those provided for, the latter con- 
tributing to make up the same. Any devise to bastard 
children of their mother in excess of one-fourth the true 
value of testator's estate, shall be null and void as to said 
excess. 

As against creditors by bond or specialty all wills shall 
be void, all feigned or presumed consideration to the con- 
trary notwithstanding, except where there has been a lim- 
itation or apportionment of lands for the payment of just 
debts or to raise a portion provided for by a marriage con- 
tract, for a person other than the heir at law. Probate of 
will in common form (by examination of a subscribing wit- 
ness or proof of testator's hand-writing) shall be good un- 
less objected to within four years, in which case the will 
must be proven in due form by law (by calling in all par- 



AND FIRE INSURANCE, 785 

ties and by swearing witnesses as to the legality of execu- 
tion, etc.). 

No nuncupative will shall be good when estate thereby 
bequeathed shall exceed in value $50 that is not proven by 
the oaths of three witnesses at the least, who were present 
at the making thereof, and were bid by the testator to bear 
witness that such was his will, or words to that effect, nor 
unless such will was made in the last sickness of the de- 
ceased, in the house or place where he died. No such will 
shall be established after six months from the time when 
the pretended testamentary words were spoken, unless 
they were, within six days, reduced to writing in which 
case twelve months shall be allowed for the probate of such 
will. 

NOTARY PUBLIC. 

Applicant must be a citizen. Application should be 
made to the Secretary of State. Appointment is made by 
the Governor. Fee, $3.25 ; a bond is also required. Term 
of office is at the Governor's pleasure. Fees — Protest, 50 
cents ; taking acknowledgments or administering oaths, 
25 cents. 

- LAW CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 

Acknowledgments made out of the state, of deeds, mort- 
gages and other instruments concerning land for recording 
in South Carolina may be made before a commissioner 
appointed by authority issued by the clerk of the court; 
or before a commissioner of deeds of the state ; or before a 
clerk of the court of record, who shall make certificate 
thereof under his official seal ; or before a notary public, 
who shall affix thereto his official seal, and shall accompany 
the same with a certificate as to his official character by a 
clerk of a court of record of the county in which the ac- 
knowledgment is taken ; or before a consul or a vice con- 
sul, or consular agent of the United States of America. 



786 INSTRUCTION IN REAL ESTATE 

SOUTH DAKOTA. 
STATUTE LAW RELATING TO DEEDS. 
Every conveyance of real property, other than a lease 
for a term not exceeding one year, is void as against any 
subsequent purchaser or incumbrance, including an as- 
signee of a mortgage, lease or other conditional estate, 
of the same property, or any part thereof, on good faith 
and for a valuable consideration whose conveyance is first 
duly recorded. To entitle them to record they must be 
duly acknowledged before a notary public; no witness or 
seal is necessary. An unrecoRled instrument is valid as 
between the parties thereto, and those who have notice 
thereof. 

STATUTE LAWS RELATING TO MARRIED 
WOMEN. 
Either husband or wife may enter into any engagement 
or transaction with the other, or with any other persons, 
respecting property, which either might, if unmarried, sub- 
ject, in transactions between themselves, to the general 
rules which control the actions of persons occupying con- 
fidential relations with each other. The husband must 
support himself and his wife out of his property or by his 
labor. The wife must support the husband when he has 
not deserted her, out of her separate property, when he 
has no separate property, and he is unable, from infirmity, 
to support himself. The husband is the head of the family. 
He may choose any reasonable place or mode of living, 
and the wife must conform thereto. 

WARRANTY DEED. 

This indenture, made the day of , in the 

year of our Lord one thousand and nine hundred and 

, between J. J., of the city of , in the state of 

, and Mary, his wife, parties of the first part, and 

W. B., of , and state aforesaid, of the second part; 

witnesseth, that the said parties of the first part, for and 
in consideration of the sum of . . dollars, lawful money 



AND FIRE INSURANCE. 787 

of the United States of America, to them in hand paid by 
the said party of the second part, at and before the enseal- 
ing and delivery hereof, the receipt whereof they do hereby 
confess and acknowledge, ha. . granted, bargained, sold 
and conveyed, and by these presents do., grant, bargain, 
sell and convey unto the said part. . of the second part, 

and to heirs and assigns forever, all certain 

piece or parcel of land, situate in the county of 

Dakota, and described as follows, to wit : 

Together with all and singular, the hereditament and 
appurtenances thereunto belonging or in anywise apper- 
taining. 

To have and to hold the said premises, with the appur- 
tenances to the said part. . of the second part heirs 

and assigns forever; and the said for and 

heirs, executors and administrators, do., covenant 

and agree to and with the said party of the second part, 

heirs and assigns, that the said premises, against 

the claim of all persons claiming or to claim by, through or 
under only will forever warrant and defend. 

In witness ^vhercof, the said parties of the first part have 
hereunto set their hands and seals, the day and year first 
above written. J. J. (seal.) 

Mary J. (seal.) 

Signed, sealed and delivered in the presence of 
E. A. 
R. M. 
State of South Dakota, County of , ss : 

On the day of , A. D., 19. ., before me a 

, personally appeared well known to me to 

be the person (or persons) described in and who executed 
the within and foregoing instrument and (severally) duly 
acknowledged to me that executed the same freely. 

In witness whereof, I have hereunto set my hand and 
official seal, at said county, the day and* year above written. 
(Name and official character.) 



788 INSTRUCTION IN REAL ESTATE 

MORTGAGE FORM. 

This indenture witnesseth that A. B., of party of 

the first part, (if the mortgage is that of a married man 
and the wife joins, as is commonly the case, to extinguish 
her dower or other rights, insert ''and Mary B., his wife," 
and make other corresponding changes below. If the land 

mortgaged belongs to a married woman insert "and , 

her husband," and make other necessary changes below), 

in consideration of dollars to him paid by C. D., 

party of the second part, the receipt whereof is hereby ac- 
knowledged, does hereby give, grant, bargain, sell, release, 
convey and confirm to the said C. D., his heirs ("succes- 
sors" instead of "heirs" if mortgage is to a corporation) 
and assigns forever, the following described premises, sit- 
uate in the of , county of and state of 

(describe it so that it may be accurately identified) 

and all the right, title and interest of the said A. B., either 
in law or equity, in and to the said premises ; together 
with all the appurtenances to the same belonging. To 
have and to hold the same unto the said C. D., his heirs 
and assigns forever, and the said A. B., for himself and 
his heirs, executors and administrators, hereby covenants 
with the said C. D., his heirs and assigns, that he, the said 
A. B., is. lawfully seized ol the said premises, in fee simple, 
and has full right and power to convey the same, that the 
title and premises so conveyed are clear and unincum- 
bered; (if there are any exceptions to this state them). 
And further, that he will warrant and defend the same 
against all claim or claims of all persons whomsoever. 
Provided, nevertheless that whereas, the said A. B., has 
executed and delivered unto the said C. D., a certain 
(bond, promissory note, or as the case may be) bearing 
even date herewith (then proceed to further descri])e it 
so that it may be identified with centainty, or, if short, a 
co])y of it may bj here inserted, the fact being stated that 
it is a copy). 



AND FIRE INSURANCE. 789 

Now if the said A. B., his heirs, executors, administra- 
tors or assigns shall pay said debt or sum of dol- 
lars and interest which shall accrue thereon to the said 
C. D., his heirs or assigns according to the tenor thereof, 
then this mortgage shall be void. If the said party of the 
first part shall fail to pay any portion of the above men- 
tioned sums, either principal or interest, promptly, and at 
the times they shall become due respectively as aforesaid, 
or shall neglect to pay all taxes assessed or to be assessed 
on said property, before the same shall become delinquent, 
or shall neglect to keep the buildings on said property in- 
sured to the amount of $ , then the whole sum, both 

principal and interest, shall at once become due and col- 
lectible, and in that case said party of the second part, 
either by himself or his agent, shall have the right to enter 
upon and take possession of said premises, and sell the 
same in the manner now or that may hereafter be pro- 
vided by law, and out of the proceeds of such sale, first 
paying the expenses thereof, and all expenses whatever 
that may accrue by reason of such sale, then deducting 
therefrom the amount of said debt and interest, and all the 
aforesaid taxes and insurance, with interest thereon at 
the rate aforesaid, rendering unto said party of the first 
part the surplus, if any ; and it is expressly understood and 
agreed that the said second party may become the pur- 
chaser at said sale if he shall so choose. And for the pur- 
pose of effecting such sale, and making to the purchaser 
a good and effective title, the said party of the first part 
has constituted and appointed and by these presents does 
constitute and appoint, the party of the second part or 
any agent he may select and appoint for that purpose his 
true and lawful attorney, for him and in his name and 
stead, to sell said premises as aforesaid, and to make to 
the purchaser or purchasers thereof a good and sufficient 
deed or deeds of conveyance, with full covenants of war- 
ranty to the same extent and in like manner as the said 
party of the first part might do if personally present, with 



790 INSTRUCTION IN REAL ESTATE 

full power of substitution to said second party and with- 
out power of revocation by said party of the first part. 

In witness whereof, the said A. B., has hereunto 

set his hand and seal this day of in the year 

of our Lord A. B. (seal.) 

Signed and acknowledged in presence of 
E. F. 
G. H. 
State of South Dakota, County of , ss : 

On the day of A. D., 19.. loefore me a 

personally appeared well known to me to 

be the person (or persons) described in and who executed 
the within and foregoing instrument and (severally) duly 
acknowledged to me that executed the same freely. 

In witness whereof, I have hereunto set 'my hand and 
official seal, at said county, the day and year above written. 
(Name and official character.) 

STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 

Mortgagee must deliver to the mortgagor a true copy 
of the instrument at the time of delivery of the original, 
and unless it appears from the face of the instrument that 
this has been done, the mortgage is void and shall not be 
received for record. 

Chattel mortgage is void as to subsequent purchasers 
or incumbrancers in good faith unless recorded, which 
record must be renewed every three years. 

Mortgage on crops to be grown more than one year after 
mortgage, is void, and any chattel mortgage that creates 
a lien upon real estate Is void. 

Payment in any particular kinds of money is prohibited. 

CHATTEL MORTGAGE. 

Know all men by these presents, that residing in 

, county of , state of , party of the first 



AND FIRE INSURANCE. 79I 

part, l)ciiig- justly indebted to , residing in , 

party of the second part, in the sum of dollars, 

which is hereby confessed and acknowledged, has, for the 
purpose of securing the payment of said debt, granted, 
■bargained, sold and mortgaged, and by these presents does 
grant, bargain, sell and mortgage unto the said party of 
the second part his heirs, executors, administrators and 
assigns, all that certain personal property described as fol- 
lows, to wit: (Describe it and state where it is and in 
whose possession), all of which property the party of the 
iirst part covenants is free and clear from all liens and en- 
cumbrances, (here mention Exemptions, if any), and the 
said party of the first part for himself, his heirs, executors 
and administrators, all and singular, the goods, chattels 
and personal property above bargained and sold, unto the 
said party of the second part, his executors, administrators 
and assigns, against him the said party of the first part, 
and against all and every other person or persons, whom- 
soever, shall and will w^arrant and forever defend. 

To have and to hold, all and singular, said goods, and 
chattels, unto the said party of the second part, his heirs, 
executors, administrators and assigns, forever ; provided, 
always, and these presents are upon the express condition : 
That if said party of the first part shall pay or cause to be 
paid unto the said party of the second part his heirs or 
assigns, the sum of dollars, according to the condi- 
tions of two (or as the case may be) certain promissory 

notes, executed by payable to .... at , viz., 

$ , dated due with interest at 

per cent, per annum, until paid (or omitting all after 
"promissory notes" and inserting "of which the following 
are copies" and then insert copies, or if the indebtedness 
is not represented by promissory notes its character may 
be otherwise indicated). Then these presents to be void 
and of no effect. But if default shall be made in the pay- 
ment of said sum of money or any part thereof or of any 
interest thereon, at the time the same shall become due, 



792 INSTRUCTION IN REAL ESTATE 

or if any attempt shall be made to remove, dispose of or 
injure said property, or any part thereof, by said party of 
the first part, or any other person, or if said party of the 
first part does not take proper care of said property, 
or if said party of the second part shall at any time' 
deem himself insecure, then thereupon and thereafter, 
it shall be lawful, and the said first party hereby author- 
izes the said second party or his heirs or assigns, or his 
authorized agent, to take said property wherever the same 
may be found, the possession of these presents, or a duly 
certified copy thereof, being sufficient authority therefor; 
and to sell the same at public auction, or so much thereof 
as shall be sufficient to pay the amount due, or to become 
due, as the case may be, with all reasonable costs pertaining 
to the taking, keeping, advertising and selling of said 

property the money remaining after paying said 

sums, if any, to be paid on demand to said party of the 

first part, said sale to take place at in the county of 

state of South Dakota, in the manner that now is, 

or may hereafter be provided by law. 

And said mortgagor hereby waives demand and personal 
notice of the time and place of sale. 

And hereby further authorize the person con- 
ducting the sale to adjourn the same, if deemed. in his 
opinion necessary, from time to time, until said property 
is sold, and to give a bill of sale to the purchaser thereof ; 
which shall be conclusive as to the regularity of all pro- 
ceedings connected herewith, and to convey absolutely 

all right and title therein. If from any cause said 

property shall fail to satisfy said debt, interest and charges 
covenant and agree to pay the deficiency. 

A true copy of the foregoing mortgage has been deliv- 
ered to and received by mc, the mortgagor, as by law pro- 
vided. 

In witness whereof, the said party of the first part here- 



AND FIRE INSURANCE. 793 

unto sets his hand and seal this day of , A. 

D., 19. . (seal.) 

Witness. 



State of South Dakota, County of , ss : 

I, , first being duly sworn, on oath do hereby cer- 
tify that I am the mortgagor described in the within mort- 
gage payable to mortgagee. I further state that I 

am the owner of all the property described in the within 
mortgage, and I have not bargained, sold or mortgaged 
said property or any part thereof to any one, and that each 
and every item described in the within mortgage, is clear 
and free of any and all claims whatsoever, and this mort- 
gage is the only mortgage that I have executed on said 
property. 

Subscribed and sworn to before me this day of 

, A. D., 19. . Notary Public. 

STATUTE LAW RELATING TO BILLS OF SALE. 

Bill of sale of personalty is good between the parties 
thereto, but not as to third parties, such as creditors of 
the seller if he retain possession. 

BILL OF SALE FORM. 

Know all men, by these presents, that I, A. B., of , 

in consideration of the sum of dollars to me in 

hand paid by C. D., of the same place, at and before the 
ensealing and delivering of these presents, the receipt 
whereof I do hereby acknowledge (or if the consideration 
be different state it), have bargained, sold, released, 
granted, and confirmed, and by these presents, do bargain, 
sell, release, grant and confirm unto the said C D., all the 
following goods, household stuff, and implements of house- 
hold (or as the case may be) (here describe each article 
so it can 1)e identified) now remaining and being (mention 
where they are) to have and to hold all and singular the 



794 INSTRUCTION IN REAL ESTATE 

said goods and chattels, etc., and every one of them, by 
these presents bargained, sold, released, granted, and con- 
tirmed unto the said C. D., his heirs, executors, adminis- 
trators, and assigns, to his and their only proper use and 
behalf forever. Witness my hand and seal this fourth dav of 
AD., 

B. (seal.) 







--.^., . 














A. 


S: 


igned, 
E. 
A. 


, seal 
G. 
R. 


led 


and 


del 


iivered 


in 


presence 


of 



STATUTE LAWS RELATING TO LANDLORD 
AND TENANT. 

The lessor must place the building to be occupied in an 
inhabitable condition, unless otherwise a^'reed in writing, 
and must make all subsequent repairs, except those occa- 
sioned by the neglect or fault of lessee. The lessee may 
repair the property when the lessor refuses, and deduct 
the expenses therefor from the rent. 

The hiring of real property, unless otherwise agreed in 
in waiting, is presumed to be for one year. If lessee re- 
mains in possession after the termination of the lease, and 
the lessor accepts rents from him, the lease is held to have 
been renewed for the same period and for the same time, 
not to exceed one year. WHien no contract to the contrary, 
rent on agricultural or farm lands is held to be paid yearly ; 
lodgings to be paid monthly, and all other rents quarterly. 

A lease exceeding one year must be recorded to be valid 
against purchasers or Micumbrances, including assignee 
of a mortgage or lease in good faith. And a lease for more 
than one year must be in writing. 

LEASE FORM. 

This indenture made and executed this day of 

A. D., 19. ., between of , of tlie first 

part, and of , of the second part, witnesseth 

that in consideration of the rents and covenants herein- 



AND FIRE INSTTRANCE. 795 

after expressed, the said party of the first part has de- 
mised and leased, and does hereby demise and lease to the 
said party of the second part the following prem- 
ises, viz. : (describe them) with the privileges and appur- 
tenances, for and during a term of from the 

day of , 19. . , . which term will end And the 

said party of the second part covenants that he will pay 
to the party of the first part, for the use of said premises, 

the yearly rent of dollars ($....), to be paid 

monthly in advance in equal installments, without demand 
therefor being made by the party of the first part. 

And provided, said party of the second part shall fail to 
pay said rent, or any part thereof, when it becomes due, 
it is agreed that said -party of the first part may sue for the 
same, or re-enter said premises, or resort to any legal 
remedy. 

The party of the part agrees to pay all 

taxes to be assessed on said premises during said term .... 

The party of the second part covenants that at the ex- 
piration of said term he will surrender up said premises 
to the party of the first part in as good condition as now, 
necessary wear and damage by the elements excepted. 

Witness the hands and seals of the said parties the day 
and year first above w^ritten. A. B. (seal.) 

C. D. (seal.) 

Signed, sealed and delivered in the presence of 
. E. F. 
G. H. 

Note. Leases should be made in duplicate, one for each 
party. 

STATUTE LAW RELATING TO IRRIGATION. 
Whenever a majority of the qualified electors of any 
civil township shall make application to the state engineer 
of irrigation, he shall within twenty days locate in said 
township the number of wells mentioned in said applica- 
tion, not exceeding niaie if they be six inches in diameter. 



79^ INSTRUCTION IN REAL ESTATE 

and not exceeding sixteen if they be four and one-half 
inches in diameter. The land benefitted by the wells- to 
be assessed for their construction. If any land owner in 
the township is damaged in the construction of wells or 
water-ways the damage shall be appraised and paid out of 
the county treasury. 

Bids for the construction of artesian wells must be filed 
with the county clerk, subject to the approval of the board 
of county commissioners. 

The board of supervisors may contract for the use of the 
surplus water from any of the wells, which in no event 
shall be less than $i per acre per annum. The townships 
have a lien on the lands for the water used by them. 
Location Certificate (water right). 

Know all men by these presents, that the undersigned 

, hereby locates and appropriates the waters of 

stream, creek or gulch, to be taken and diverted 

therefrom at a point on the same and carried thence 

by ditch and flume on a line as near as may be to 

, the place of intended use. 

The number of inches of water claimed and appropriated 
is miners' inches. 

The purpose of the appropriation is for mining, milling, 
manufacturing and domestic uses. 

Date of appropriation, , 19. . Date of posting at 

the head of ditch, , 19. . Date of certificate, , 

19- • 



EXEMPTION AND HOMESTEAD LAWS. 
Absolute exemptions to the head of a family are, all fam- 
ily pictures and books not to exceed $200, a pew in a house 
of worship, lot in a cemetery, all wearing apparel of the 
debtor and his family, provisions and fuel for the family 
for one year, a homestead not to exceed 160 acres in farm 
land and not to exceed $5,000 in value, with improvements, 
or a house and lot one acre and not to exceed $5,000 in 



AND FIRE INSURANCE. 797 

value, including improvements thereon, to be selected by 
the debtor. In addition, the debtor may choose from his 
personal property, if the head of a family, property to the 
value of $750; if not the head of a family, property to the 
value of $300. 

All monies derived from life insurance are exempt. 

Special alternative exemptions instead of the above the 
debtor may have if the head of a family if he so elect: 
All books and musical instruments not to exceed $200 in 
value, all household and kitchen furniture and utensils, 
etc., not to exceed $200 in value, two cows, five swine, 
two yoke of oxen, or one span of horses or mules, twenty- 
five sheep and lambs under six months of age, all wool of 
the same and all clothing manufactured from the wool, 
feed for such exempt animals for one year, one wagon, one 
sleigh, two plows, one harrow and farming machinery not 
exceeding $200 in value, tools and implements of any ma- 
chine mechanic, either a minor or of age, and stock in trade 
not to exceed $200, the library and instruments of any pro- 
fessional person not to exceed $300 in value. 

Exemptions as to personal property do not apply against 
laborers' or mechanics' wages or physicians' bills, except 
that property absolutely exempt. 

Corporations for profit, non-residents and debtors, re- 
moving from the state, or one who has absconded from the 
state, have no exemption. Partnerships can claim one ex- 
emption of $1500. 

A homestead occupied by a family cannot be conveyed 
or incumbered unless husband and wife concur in and 
sign the instrument, and is liable only for taxes, mechanics' 
liens, material and labor furnished exclusively for its im- 
provement. It is liable for purchase money. It must be 
used as a home, and it must be in contiguous tracts, not 
to exceed 160 acres of farm land and not to exceed one 
acre of city property and must not embrace more than one 
dwelling, but may have a shop or store thereon beside the 
dwelling. 



798 INSTRUCTION IN REAL ESTATE 

The homestead descends free from debt. If no survivor, 
it is liable for any debts. It shall not include gold or sil- 
ver mines or a mill used for reducing or smelting gold and 
silver ore. 

STATUTE LAWS RELATING TO FENCES. 

The fence laws apply only to unorganized counties and 
to counties organized subsequent to the 12th of March, 
1885. A lawful fence consists of posts not over 32 feet 
apart, Avith two stays between each post ; three strands of 
barb wire well stretched, fastened to the posts, the upper 
strand not more than 48 nor less than 42 inches above the 
ground; the lower strand not more than 18 nor less than 
12 inches above the ground ; the other wire in the center 
of the two. 

Damage done to stock by any otherwise constructed 
fence renders the owner thereof liable for damages, unless 
it is as effective for the purpose of a fence as the one de- 
scribed. A broken fence is a nuisance, and the owner must 
repair it or remove it. If he does not, it may be taken up 
and sold. 

Railroad companies must put a fence not less than four 
and one-half feet high along their road, the fourth side of 
adjacent land enclosed by a good and sufficient fence by 
the other three sides. 

Swine trespassing upon fenced or unfenced property ren- 
der their owner liable, and a lien exists on the animals for 
the damage. 

STATUTE LAWS RELATING TO LIMITATION. 

Actions for the recovery of real property shall not be 
maintained unless it appears that the plaintiff, his ancestor, 
predecessor or grantor was seized or possessed of the 
premises in ([ucstion within twenty years before the com- 
mencement of tlic action, l^xccpt. if a person entitled tf) 
commence the action be williin the age of 21 years or in- 
sane or imprisoned on a criminal charge for a term less 



AND FIRE INSURANCE. 799 

than life, shall be entitled to commence an action within 
ten years after the disability shall cease. 

Actions upon a contract, obligation of liability, express 
or implied, actions upon a liability created by statute, 
other than penalties or forfeiture, actions for trespass upon 
real property, actions for taking, detaining or injuring 
chattel property, including actions for recovery of personal 
property, actions for criminal conversation or for other injury 
to persons of rights of another not arising on contract, actions 
for relief on the ground of fraud, shall be commenced within 
six years. In case of fraud the limitation does not begin to run 
until the facts constituting the fraud are discovered by the 
aggrieved party. 

DECEDENT'S DEBTS. 
The debts of an estate must be paid in the following or- 
der: I. Funeral expenses. 2. Expenses of last sickness. 3. 
Expenses of administration. 4. Servants and employees 
for services rendered decedent personally within sixty days 
next preceding his death. 5. Debts having preference by 
the laws of the United States. 6. All other demands except 
that the lien of a mortgage, pledge, attachment, judgment 
or execution levy shall have preference, according to its 
priority, to all other claims as against the specific property 
to which such lien may attach. The preference given as 
to mortgages and other liens only extends to the proceeds 
of the property to wdiich the lien attaches. If the pro- 
ceeds of such property are insufficient to pay the lien, the 
part remaining unsatisfied must be classed with the other 
demands against the estate. Funeral expenses and ex- 
penses of last sickness and allow^ance made to the family 
of the decedent, must be paid as soon as executor or ad- 
ministrator has sufficient funds in his hands. He is not 
obliged to pay any other debt or legacy, until pay- 
ment has been ordered by the court. Every executor or 
administrator must immediately after his appointment 
cause to be published in some newspaper of the county, if 



8oO INSTRUCTION IN REAL ESTATE 

there be one, a notice to the creditors of the decedent, re- 
quiring all persons having claims against him to exhibit 
them with the necessary vouchers at a place to be specified 
in the notice. Such notice must be published not less than 
once a week for four weeks. The time expressed in the 
notice must be six months after its first publication when 
the estate exceeds in value $5,000, and four months when 
it does not. All claims arising from contracts, whether the 
same be due or contingent, must be presented within the 
time limited in the notice, and any claim not so presented 
is barred forever; providing, however, that when it is made 
to appear by the affidavit of the claimant to the satisfaction 
of the executor or administrator and the judge of the 
county court that the claimant had no notice by reason of 
being out of the state, it may be presented at any time 
before decree of distribution is entered. 

DISTRIBUTION OF PROPERTY WHEN NO WILL 

IS LEFT. 

When any person having title to any estate not other- 
wise limited by marriage contract, dies without disposing 
of the estate by will, it is succeeded to and must be dis- 
tributed, subject to the payment of his debts, in the fol- 
lowing manner : 

I. If the decedent leaves a surviving husband or wife, 
and only one child, or the lawful issue of one child in 
equal shares to the surviving husband, or wife and child, 
or issue of such child. If the decedent leave a surviving 
husband or wife, and more than one child living, or one 
child living, and the lawful issue of one or more deceased 
children, one-third to the surviving husband or wife, and 
the remainder in equal shares to his children, and to the 
lawful issue of any deceased child, by right of representa- 
tion ; but if there be no child of the decedent living at his 
death, the remainder goes to all of his lineal descendants; 
and if all the descendants are in the same degree of kindred 
to the decedent they share equally, otherwise they take ac- 



AND FIRE INSURANCE. 8oi 

cording" to the right of representation. If the decedent 
leave no surviving husband or wife, but leaves issue, the 
whole goes to such issue, and if such issue consists of 
more than one child living, or one child living and the 
lawful issue of one or more deceased children, then the 
estate goes in equal shares to the children living, or to 
the child living, and the issue of a deceased child or 
children by right of representation. 

2. If the decedent have no issue, the estate goes in 
equal shares to the surviving husband or wife, and to the 
decedent's father. If there be no father, then one-half goes 
in equal shares to the brothers and sisters of the decedent, 
and to the children of any deceased brother or sister, by 
right of representation ; if he leave a mother also, she takes 
an equal share with the brothers and sisters. If decedent 
leave no issue, nor husband nor wife, the estate must go 
to the father. 

3. If there be no issue, nor husband, nor wife, nor 
father, nor mother, then in equal shares to the brothers 
and sisters of the decedent, and to the children of any 
deceased brother and sister, by right of representation; if 
a mother survive, she takes an equal share with the 
brothers and sisters. 

4. If the decedent leave no issue, nor husband, nor 
wife, nor father, and no brother or sister is living at the 
time of his death, the estate goes to his mother to the 
exclusion of the issue, if any, of deceased brothers and 
sisters. 

5. If the decedent leave a surviving husband or wife, 
and no issue, and no father, nor mother, nor brother, nor 
sister, the whole estate goes to the surviving husband or 
wife. 

6. If the decedent leave no issue, nor husband, nor wife, 
and no father or mother, nor brother, nor sister, the estate 
must go to the next of kin, in equal degree, excepting that 
when there are two or more collateral kindred in equal 
degree, but claiming through different ancestors, those 



802 INSTRUCTION IN REAL ESTATE 

claimed through near ancestors must be preferred to those 
claiming througli an ancestor more remote: However: 

7. If the decedent leave several children, or one child 
and the issue of one or more children, and any such sur- 
viving child dies under age, and to the deceased child by 
inheritance from such, not having been married, all the 
estate that came descends in equal shares to the other 
children of the same parent, and to the issue of any such 
children who are dead, by right or representation. 

8. If, at the death of such child who dies under age, 
not having been married, all the other children of his 
parents are also dead, and any of them have left issue, the 
estate that came to such child by inheritance from his 
parent descends to the issue of all other children of the 
same parent ; and if all the issue are in the same degree 
of kindred to the child, they share the estate equally, 
otherwise they take according to the right of representa- 
tion. 

9. If the decedent leave no husband, wife, or kindred, 
the estate escheats to the territory for the support of com- 
mon schools. 

Dower and curtesy are abolished. 

Kindred of the half blood inherit equally with those of 
the whole blood in the same degree, unless the inheritance 
comes to the intestate by descent, devise or gift of some 
one of his ancestors, in which case all those who are not 
of the blood of such ancestors must be excluded from such 
inheritance. 

Aliens may take in all cases, by succession, as well as 
citizens; and no person, capable of succeeding under the 
provisions of this title, is precluded from such succession 
by reason of the alienage of any relative. 

If there is no one capable of succeeding and the title 
fails from a defect of heirs, the property of the decedent 
devolves and escheats to the state. 



AND FIRE INSURANCE. 803 

DISTRIBUTION OF PROPERTY BY WILL. 
Every person over the age of eighteen years, of sound 
mind, may by last will, dispose of all his estate, real and 
personal, chargeable with the paMnent of his debts. An 
olographic wall is one that is entirely written, dated and 
signed by the hand of the testator himself. It is subject 
to no other form, and may be made out of the state, and 
need not be witnessed. Every w^ill, other than an ologra- 
phic and a nuncupative will, must be executed and attested 
as follows : i. It must be subscribed at the end thereof 
by the testator himself, or some person, in his presence 
and by his direction, must subscribe his name thereto. 2. 
The subscription must be made in the presence of the 
attesting witnesses, or be acknowledged by the testator to 
them, to have been made by him or by his authority. 3. 
The testator must, at the time of subscribing or acknowl- 
edging the same, declare to the attesting witnesses that 
the instrument is his will. 4. There must be two attest- 
ing witnesses, each of wdiom must sign his name as a wit- 
ness, at the end of the w^ill, at the testator's request, in his 
presence. A will is revoked or altered by a written will, 
or other writing of the testator, declaring such revocation 
or alteration and execution with the same formalities Avith 
which a will should be executed by such testator, or by 
being burned, torn, cancelled, obliterated or destroyed, 
with the intent and for the purpose of revoking the same 
by the testator himself, or by some person in his presence 
and by his direction. If, after having made a will, the 
testator marries and has issue of such marriage, born 
either in his lifetime or after his death, and the wife or 
issue survives him, the will is revoked, unless provision 
has been made for such issue by some settlement, or unless 
such issue be provided for in the will, or in such w^ay 
mentioned therein as to show an intention not to make 
such pro\ision ; and no other evidence to rebut the pre- 
sumption of such revocation can be received. If, after 
making a will, the testator marries, and the wife survives 



804 INSTRUCTION IN REAL ESTATE 

the testator, the will is revoked, unless provision has been 
made for her by marriage contract, or unless she is pro- 
vided for in the will, or in such way mentioned therein 
as to show an intention not to make such provision ; and 
no other evidence to rebut the presumption of revocation 
must be received. A will executed by an unmarried 
woman is revoked by a subsequent marriage, and is not 
revived by the death of her husband. When any testator 
omits to provide in his will for any of his children, or for 
the issue of any deceased child, unless it appears that 
such omission was intentional, such child, or the issue of 
such child, must have the same share in the estate of the 
testator, as if he had died intestate. When any estate is 
devised to any child, or other relation of the testator, and 
the devisee dies before the testator, leaving lineal descend- 
ants, such descendants take the estate so given by the will, 
in the same manner as the devisee would have done had 
he survived the testator. Any estate, right or interest in 
lands acquired by the testator after the making of his will, 
passes thereby and in like manner as if the title thereto 
was vested in him at the time of making the will, unless 
the contrary manifestly appears by the will to h^ve been 
the intention of the testator. 

NOTARY PUBLIC. 
Applicant must be a citizen and resident of the State. 
Women 21 years of age are eligible. Application should 
be made to the Secretary of State. Appointment is made 
by the Governor. Fee $2.00; a bond for $500 is also re- 
quired. Term of office, four years. Fees — Protest $1.50; 
notice of protest 25 cents ; taking acknowledgment 25 
cents ; administering oath 10 cents. 

LAWS CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 
The acknowledgment of any instrument made out of 
the state but within the United States may be made by : 



AND FIRE INSURANCE. 805 

1. A justice, jiulge or clerk of any court of record of 
tlie United States. 

2. A justice, judge or clerk of any court of record of 
any state or territory. 

3. A notary public. 

4. Any officer of the state or territory authorized by its 
law to take acknowledgments. 

5. A commissioner appointed by the governor of this 
state. 

Acknowledgments taken without the United States may 
be made by : 

1. Minister charge d'affairs. 

2. Consul or vice consul. 

3. Judge, clerk, register or commissioner of any court 
of record wdiere the acknowledgement is made. 

4. A notary public of such country. 

5. An officer authorized by its laws to take acknowledg- 
ments. 

6. Any officer or deputy noted in the preceding sub- 
divisions. 

TENNESSEE.. 

STATUTE LAW RELATING TO DEEDS. 
Deeds may be recorded at any time after execution and 
acknowledgment. Unless recorded, creditors without 
actual notice may subject the property to the payment of 
their claims. They are valid Avithout witnesses when 
properly acknowledged. If not acknowledged two wit- 
nesses necessary. Need not be under seal. 

STATUTE LAWS RELATING TO MARRIED 
WOMEN. 
Married women have no right to contract except as to 
their separate estate. Married women who engage in a 
mercantile or manufacturing business by themselves or as 
partners, or permit the use of their names, are liable for 
the debts contracted while so engaged. A married woman 



8o6 INSTRUCTION IN REAL ESTATE 

may sue for, divorce or to protect her separate property, 
may act as a feme sole when deserted by her husband or 
when he is a lunatic or otherwise incompetent to attend 
to his own afifairs from mental troubles. She must join 
in deeds or she will have dower and homestead at her 
husband's death. Husbands are liable for the support of 
the family, but both are liable for necessaries. 

WARRANTY DEED. 

For and in consideration of the sum of v$ to me 

in cash in hand paid, the receipt of which is hereby 

acknowledged, I have this day bargained and 

sold and do by these presents bargain, sell, transfer and 

convey unto . in fee simple, the following parcel 

or tract of land, lying and being situate in the 

civil district of , county, Tennessee, and being 

thus bounded and described : Beginning (here insert 
description). 

To have and to hold to him the said his heirs 

and assigns forever, with appurtenances and all interest 
thereunto belonging. And I covenant that I am lawfully 
seized and possessed of said land, that I have a good and 
lawful right to convey it, and that the same is not incum- 
bered. And I further covenant and bind myself that I w^ill 
forever warrant and defend the title to said land to him 

the said against the lawful claims of all persons 

whomsoever (''against all persons claiming under me" if 
the warranty is to be special.) 

In witness whereof, the said parties of the first part have 
hereunto set their hands and seals the day and year first 
above written. 

J. J. (seal.) 
Mary J. (seal.) 

Signed, sealed and delivered in the presence of 
E. A. 
R. M. 

Note. To vest a homestead in a purchaser the wife 



AND FIRE INSURANCE. 807 

must join her husbaiul in the conveyance. In other words 
the conveyance must be joint, and in addition to the above 
deed, phraseology like this will be sufficient : "And I 

, wife of the said do hereby join with 

my husband in the above conveyance and do hereby re- 
linquish all my right of dower and homestead in said tract 
of land by virtue of any law of the state of Tennessee." 
State of Tennessee, Tipton County. 

Personally appeared before me, R. B., a notary public 
(or as the case may be) elected, commissioned, qualified 

and acting for said county and the 

within named bargainors, with whom I am personally 
acquainted, and who acknowledged that they executed 
the within instrument for the purpose therein contained. 

And wife of the said having appeared 

before me privately and apart from her husband, the said 

acknowledged the execution of the said deed to 

have been done by her freely, voluntarily, and under- 
standingly, without compulsion or constrain from her said 
husband, and for the purposes therein expressed. 

A\'itness, R. B., for said county, this da day of 

19.- 

Note. Omit part relating to the Avife if an unmarried 
person acknowledges. 

MORTGAGE FORM. 

Whereas, I, am indebted to in the 

sum of $ , evidenced by my promissory note, (or 

otherwise indebted), dated and due 

after date, and have contracted and agreed, with him to 
make certain the payment thereof. This is therefore to 
witness that I do hereby grant and convey to the said 

a certain parcel or tract of land, located and 

bounded as follows: (Here give description as in a deed). 

To have and to hold to him the said , his heirs and 

assigns fore\cr in fee simple. But should I pay off and 
discharge said indebtedness, or cause the same to be done, 



8o8 INSTRUCTION IN REAL ESTATE 

principal and interest, then this deed is to be null and 
void. 

In witness whereof I have hereunto set my hand this 
the day of ......... , 

Witness, 



State of Tennessee, Tipton County. 

Personally appeared before me A. B. Smith, a notary 
public (or as the case may be) elected, commissioned, 

qualified and acting for said county and 

the within named bargainors, with whom I am personally 
acquainted, and who acknowledged that they executed the 
within instrument for the purpose therein contained. And 

wife of the said having appeared before 

me privately and apart from her husband, the said 

acknowledged the execution of the said deed to have been 
done by her freely, voluntarily, and understandingly, Avith- 
out compulsion or constraint from her said husband, and 
-for the purposes therein expressed. 

Witness, A. B. Smith, for said county, this da 

day of 19. . 

Note. Omit part relating to the wife if an unmarried 
person acknowledges. 

STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 
Chattel mortgages are good between the parties to same, 
and their heirs and representatives, without registration; 
but as to other persons not having actual notice only from 
time of registration. It is felony for the maker of a regis- 
tered encumbrance of personal property to dispose of same 
for the ])urpose of defrauding the beneficiary. If mort- 
gagor retains possession of mortgaged chattels until the 
debt matures it is not a badge of fraud, and retention after 
maturity does not necessarily imply fraud. 



AND FIRE INSURANCE. 809 

A chattel mortgage upon personal property, consumable 
in the use thereof, is void. 

CHATTEL MORTGAGE. 

Eor the purpose of securing the following indebtedness, 

viz. : I hereby bargain, sell and convey to 

as trustee, his heirs and assigns forever the following prop- 
erty, to wit : to have and to hold the same to said 

trustee, his heirs and assigns forever, with whom I cove- 
nant to warrant and defend the title against all lawful 
claims whatever. Now, should the indebtedness secured 

hereby be paid to then this deed is satisfied and 

void. Should, however, said debt or any part of same not 
be paid at maturity or as above named, then at any time 
thereafter, the said trustee shall, upon the request of the 
beneficiary, take possession of said property, and sell 
privately, as may be agreed upon by the parties, or pub- 
licly, to the highest bidder for cash, after giving such no- 
tice 'as is required by law under execution sales, all, or 
sufficiency of the same, and apply proceeds first to the pay- 
ment of costs to this trust ; secondly, to the satisfaction of said 
debt and interest, and balance if any, to my order. 

In case of a sale hereunder, the oath, bond, etc., of trus- 
tee is waived. 

In case the trustee herein named should, from any 
cause, fail or refuse to act, the beneficiary or holder of the 
debts secured herein is hereby vested with full power to 
appoint another trustee, who shall have all power con- 
ferred upon the above named trustee. 

Witness my hand this day of , I9- • 

Attest : 



BILL OF SALE FORM. 

Know all men, by these presents, that I, A. B., of , 

in consideration of the sum of dollars to me in 



8lO INSTRUCTION IN REAL ESTATE 

hand paid by C. D,. of the same place, at and before the 
ensealing- and delivering of these presents, the receipt 
whereof I do hereby acknowledge, (or if the consideration 
be different state it,) have bargained, sold, released, 
granted, and confirmed, and by these presents, do bargain, 
sell, release, grant, and confirm, nnto the said C. D., all the 
following goods, household stuff", and implements of 
household, (or as the case may be) (here describe each 
article so it can be identified) now remaining and being 
(mention Avhere they are) to have and to hold all and sin- 
gular the said goods and chattels, etc., and every one of 
them, by these presents bargained, sold, released, granted, 
and confirmed, unto the said C. D., his heirs, executors, 
administrators, and assigns, to his and their only proper 
use and behalf forever. 

AA^itness my hand and seal, this fourth day of , 

A. D., 19. . 

Signed, sealed and delivered in presence of 

A. B. (Seal.) 

E. G. 

A. R. 

LEASE FORM. 

This indenture made and executed this day of 

A. D., 19. . , between of , of the 

first part, and of , of the second part, 

witnesseth that in consideration of the rents and cove- 
nants hereinafter expressed, the said party of the first part 
has demised and leased, and does hereby demise and 

lease to the said party of the second part the 

following premises, viz. : (describe them) with the priv- 
ileges and appurtenances, for and during a term of 

from the day of 19. .. which term will 

end And the said party of the second part cove- 
nants that he will pay to the party of the first part, for the 

use of said premises, the yearly rent of dollars 

($ ), to be paid monthly in advance in e(]ual in- 



AND FTRE INSURANCE. 8ll 

stallments, without (leniand therefor l)cing- made by the 
party of the first part. 

And provided, said party of the second part shall fail to 
pay said rent, or any part thereof, when it becomes due, it 
is agreed that said party of the first part may sue for the 
same, or re-enter said premises, or resort to any legal 
remedy. 

The party of the part agrees to pay all 

taxes to be assessed on said premises during said term . . . 

The ]3arty of the second part covenants that at the ex- 
piration of said term lie will surrender up said premises to 
the party of the first part in as good condition as now, 
necessary wear and damage l)y the elements excepted. 

Witness the hands and seals of the said parties the day 
and year first above written. 

A. B. (seal). 
C. D. (seal.) 

Signed, sealed and delivered in presence of 
E. R, 
G. H. 

Note. Leases should be made iti duplicate, one for each 
party. 

EXEAIPTION AND HOMESTEAD LAWS. 

The various articles that are exempt in the hands of a 
head of a family, every male citizen of the age of eighteen 
years and upward are too numerous to mention in detail. 
One set of tools, such as are necessary to the pursuit of 
his trade, are exempt in the hands of every mechanic en- 
gaged in the pursuit of his trade. Thirty dollars of the 
wages (monthly) of every mechanic or laboring man are 
exempt and the lien created by service of garnishment 
shall only aiTect that portion of a laborer's wages that may 
be due at time service is made and not any future wages. 

All exempt property shall be exempt from seizure in 
criminal as well as in civil cases but not exempt from dis- 
tress or sale for taxes. 



8l2 INSTRUCTION IN REAL ESTATE 

A homestead of real estate and improvements thereon, 
to the value of, in all, one thousand dollars, in the posses- 
sion of or belonging- to each head of a family, shall be 
exempt from sale under legal process during the life of 
such head of the family, and which shall insure to the benefit 
of his widow and children, and shall be exempt from sale 
in any way at the instance of any creditor. A homestead 
of real estate may be sold by the joint consent of husband 
and wife, to be evidenced by deed of conveyance duly 
executed as required by law for married women. 

A homestead of real estate inures only to the benefit of 
citizens, and non-residents are excluded from the opera- 
tion of statutes creating such exemption. 

STATUTE LAW RELATING TO FENCES. 

Several different kinds of fences are, by statute, declared 
to be lawful, and the county courts of the various counties 
in the state have the power to adopt any one or more of 
said different kinds and declare it, or them, to be standard 
and lawful for their counties, respectively. 

A landowner must fence cattle out; if his fence is m- 
sufficient the owner of stock trespassing upon his premises 
will not be liable for damages. 

STATUTE LAWS RELATING TO LIMITATION. 

Action upon bonds, notes, bills, of exchange, accounts, 
and contracts generally, is barred unless begun within six 
years from the time the cause of action accrued, or the 
bond, note, etc., fell due. 

Actions for injuries to personal or real property, actions 
for the detention or conversion of personal property, must 
be begun within three years from the accruing of the cause 
of action. 

Any person having had, by himself or through those 
under whom he claims, seven years' adverse possession of 
any lands, tenements, hereditaments granted by this state 
or the state of North Carolina, holding by conveyance. 



AND FIRE INSURANCE. 813 

devise, grant, or other assurance of title purporting to con- 
vey an estate in fee, without any claim by action at law 
or in equity commenced within that time and effectually 
prosecuted against him, is vested with a good and inde- 
feasable title in fee to the land described in his assurance of 
title. And, on the other hand, any person and those claim- 
ing under him neglecting for the term of seven years to 
avail themselves of the benefit of any title, legal or equit- 
able, by action at law or in equity, effectually prosecuted 
against the person in possession as above, are forever 
barred. 

DISTRIBUTION OF PROPERTY WHEN NO WILL 

IS LEFT. 

A decedent's estate not disposed of by will or limited 
by marriage settlement, after payment of debts and legal 
charges for settlements, vests as follows : 

I. A widow takes a homestead of the value of $i,ooo. 
and one-third of the remaining realty, in value, for life as 
dower in preference to creditors who have no lien on same ; 
also all exemptions to which the head of a family is en- 
titled and a portion of the personalty equivalent to that of 
a child. If there be a will, the widow may take under the 
will, or renounce the provisions of the will and take the 
above mentioned property. A surviving husband has a 
life estate in all the real estate his wife died seized and 
possessed of, if there be issue born during coverture capa- 
ble of inheriting, and all the personal property she died 
the owner of. 

Subject to the rights above set out, realty and personalty 
descends and is distributed as follows : 

Descent of Realty. — Without reference to the source of 
the intestate's title, children share equally and grandchild- 
ren take per stripes. Children of the half blood share 
equally in property coming from the common ancestor. 
Subject to the rights of the widow or the surviving hus- 



8 14 INSTRUCTION IN REAL ESTATE 

band, if there be no issue, nor brothers or sisters or their 
issue, then the property goes to the parent. 

If the estate was acquired by the intestate and he died 
without issue, his land shall be inherited, first, by his 
brothers and sisters of the whole and half blood, born be- 
fore or after his death, to be divided among- them equally. 
If any such brother or sister died in the intestate's lifetime 
leaving issue, such issue shall represent their deceased 
parent, and he entitled to the same part of the estate of 
the uncle or aunt as their father or mother would have 
been entitled to if living. 

2. If both parents be dead, the land goes in equal 
moieties to the heirs of the father and mother in equal de- 
gree, or to those representing them in equal degree of re- 
lationship to the intestate ; but if such heirs, or those they 
represent do not stand in equal degree, the nearest in blood, 
to the intestate, shall take in preference to those more re- 
mote. 

3. AVhere the land came to the intestate by gift, devise 
or descent from a parent or the ancestor of the parent and 
he die without issue ; if he have brothers or sisters of the 
paternal line of the half blood, and brothers or sisters of 
the maternal line also of the half blood, then the land shall 
be inherited by such brothers and sisters of the parent from 
whom the estate came, in the same manner as by brothers 
and sisters of the whole blood, until the line of such parent 
is exhausted of the half blood, to the exclusion of the other 
line. If he have no brothers or sisters, then it shall be 
inherited by the parent, if living, from Avhom or whose 
ancestor it came in preference to the other parent. If both 
parents be dead, then by the heirs of the parent from whose 
ancestor it came. 

Husband and wife inherit the real estate of each other 
in fee simple where they leave no heirs capable of inheri- 
tance. The estate of an illegitimate child who died with- 
out issue, husband or wife, is inherited by its mother; if 
there be no mutlier living then to his brothers and sisters 



AND FIRE INSURANCE. 815 

or their descendants. Realty and personalty of illegiti- 
mate persons leaving no relatives entitled by existing laws 
to her or his estate, shall go to such persons as would, had 
the intestate been legitimate, have been his or her heirs on 
the mother's side under the existing laws of descent of real 
and personal estate among legitimates who have no kin on 
the father's side. 

Legitimate and illegitimate children shall inherit the real 
and personal property of their deceased mother equally 
and the child or children of such children shall in like man- 
ner take the share his father or mother would have taken 
if living. 

Distribution of Personalty : — Is to the widow and child- 
ren (or the descendants of deceased children representing 
them equally), the widow taking the child's share; if there 
be no children or their descendants then to the widow in 
whole ; to the children, or their descendants, in equal parts, 
if there is no widow, the descendants taking in equal parts 
the share of their deceased parents ; if no children, to the 
father; if no father, to the mother and brothers and sisters 
representing them equally ; the mother taking an equal 
share with each brother and sister; if no brothers and sisters, 
and their children, exclusively to the mother; if no mother 
exclusively to the brothers and sisters, or their children 
representing them ; if no mother, brothers, or sisters, or 
their children, to every one of the next of kin of the intes- 
tate who are in equal degree, equally. There is no repre- 
sentation among collaterals after brother's and sister's 
children. 

DISTRIBUTION OF PROPERTY BY WILL. 
Any person of sound mind, 21 years old, may dispose of 
his property by will. Minor boys at the age of 18 and 
minor girls at the age of 14 may dispose of their personalty 
by will. Two witnesses are required to wills, unless the 
will be a holographic will in which event it must be proven 
by three witnesses that the instrument is in the handwriting 



8l6 INSTRUCTION IN REAL ESTATE 

of the testator. A testator may sign by making his sign 
or cross. Personal estate may be bequeathed by nuncupa- 
tive will made during the last sickness in the testator's 
habitation or dwelling or where he has resided for ten days 
or more next before the making of such will, also in case 
he be surprised by sickness while away from his own house 
and shall die before returning thereto, but where the sum 
or value so bequeathed exceeds $250 he must have called 
one or more persons' special attention to the act, and re- 
quested them to bear witness and it must be made in the 
hearing and presence of at least two disinterested persons. 

A devise of real estate to a person without referring to 
his heirs or using words of inheritance passes all the estate 
of the testator unless the contrary intention is clear and 
appears in the instrument. 

The real estate acquired by a testator after making his 
will shall pass by a general devise unless the contrary 
appear on the face of the will. Legacies do not lapse, but 
in the event of the death of the legatee his heir or heirs 
shall represent him. A married woman has no power to 
dispose of personal property unless specially provided by 
a former will or deed of trust placing her in possession of 
the property, both of which must be recorded, and she 
cannot defeat her husband of the right to curtesy. Mar- 
riage of itself is not a revocation of a will, but the subse- 
quent marriage and birth of a child is a revocation of a 
will made before marriage. Wills take effect as if made 
at the death of the testator or testatorix. 

NOTARY PUBLIC. 

Applicant must be a citizen twenty-one years o'f age. 
Application should be made to a justice of a county court. 
A fee of $3 and a bond for $5000 are required. Term of 
office, four years. Fees — Protest, $1.50; taking acknowl- 
edgments, 50 cents; administering oaths, 25 cents. 



AND FIRE INSURANCE. 817 

LAW CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 

To authenticate an instrument for registration its exe- 
cution shall be acknowledged by the maker or proved by 
two subscribing witnesses. If executed outside the state, 
but within the United States, it shall be acknowledged by 
the maker before the clerk of a court of record, with a cer- 
tificate of his authority so to act added by the judge of 
such court, or before a commissioner for Tennessee, or 
a notary public for such state or territory; if without the 
United States, before a commissioner for Tennessee, in 
the country where the acknowdedgment is made, or a 
notary public of such country, or consul, minister or am- 
bassador of the United States in such country; if within 
the state, the maker shall acknowledge before a notary 
public or the clerk or deputy clerk of the county court; 
or, execution by the maker (unless a, married woman), 
may be proven by the oaths of two subscribing witnesses 
before such clerk or deputy. 

TEXAS. 
STATUTE LAW RELATING TO DEEDS. 

If a deed l)e not recorded, a subsequent purchaser or 
mortgagee for value, not knowing of the previous trans- 
fer will have preference to the first purchaser, if his deed 
be first recorded. They are valid without witnesses but 
two are usual. They must be under seal. 

Deeds of married women must be signed, and acknowl- 
edged before a notary public privily and apart from the 
husband. A deed purporting to be an absolute conveyance 
on its face, of the homestead, can be defeated, and is void- 
able, by producing satisfactory proof that same was a 
mortgage or conditional sale. 



8l8 INSTRUCTION IN REAL ESTATE 

STATUTE LAW RELATING TO MARRIED 
WOMEN. 

A married woman has the same right and power con- 
cerning property and to contract, sue and be sued, as if 
unmarried, but a mortgage or conveyance of her realty 
is void unless her husband join her therein, and she cannot 
be leg'ally bound as surety, guarantor or accommodation 
endorser, but she may not sue her husband except for 
divorce or to protect her separate property when he has 
deserted'and separated himself from her without sufficient 
cause, or neglected or refused to support her, nor may he 
sue her except under like circumstances, excluding the 
matter of support. If a wife be insane, by proper proceed- 
ings in court and giving security, the husband may have 
her estate placed in his care. 

The husband is liable for the support of his family, but 
if the wife order necessaries for the family, both may be 
sued and collection enforced against the wife's property 
if the husband do not have sufficient. 

The marital rights of persons married in other countries, 
who may remove to this state, shall in regard to property 
acquired in this state during the marriage, l)e regulated 
by the laws of this state. 

WARRANTY DEED. 
The state of Texas, county of Travis. 

Know all men by these presents, that I, (or we 

and , husband and wife) of the (give 

name and city or county), in the state of Texas for and in 

consideration of dollars to me (or us) in hand 

paid by , have granted, sold and conveyed, and by 

these presents do grant, sell and convey unto the said 

of the (give name of city or county) in the 

state of all that certain tract or parcel of land 

described as follows : (describe premises, giving meets and 
bounds) to have and to hold the above described premises 
together with all and singular the rights and appurten- 



AND FIRE INSURANCE. 819 

ances thereto in any wise belonging unto the said 

his heirs and assigns forever. And I (or we) do hereby 
bind myself (^or ourselves) my (or our) heirs, executors 
and administrators to warrant and forever defend all and 

singular the said premises unto the said his heirs 

and assigns against every person whomsoever lawfully 
claiming or to claim the same or any part thereof. 

- . Witness my hand (or our hands) this day of 

••••••. I9.-" 

Signed and acknowledged in the presence of 



State of Texas, County of Travis. 

Before me, , a notary public in and for Travis 

county, Texas, on this day personally appeared (or 

proved to me on oath of ) known to me to be the 

person whose name is subscribed to the foregoing- 
instrument, and acknowledged to me that he executed the 
same for the purposes and consideration therein expressed ; 

and also came , wife of the said , known to 

me (or proved to me on oath of ) to l)e the person 

whose name is subscribed to the foregoing instru- 
ment, and having been examined by me privily and apart 
from her husband , and having the same fully ex- 
plained to her, she the said acknowledged such 

instrument to be her free act and deed, and declared that sh-e 
had willingly signed the same for the purposes and con- 
sideration therein expressed, and that she did not Avish to 
retract it. 

Given under my hand and seal of office this day 

of , A. D., 19. . 

Notary Public Travis County, Texas. 

Note. Use the above acknowledgment in conveyance 
of homestead property or separate estate of a married 
woman. Tn conveying a married man's separate estate, 
also community property other than homestead, use the 



820 INSTRUCTION. IN REAL ESTATE 

above, omitting the part relating to the wife. Also the 
above with the omission mentioned, in conjunction with 
the following, may be used in conveyance of homestead 
or a married woman's separate estate. 
State of Texas, County of Travis. 

Before me, , a notary public in and for Travis 

county, Texas, on this day personally appeared , 

wife of , known to me (or proved to me on oath 

of ) to be the person whose name is subscribed to 

the foregoing instrument and having been examined by 
me privily and apart from her husband and having the 
same fully explained to her, she the said acknowl- 
edged such instrument to be her act and deed, and declared 
that she had willingly signed the same for the purposes 
and consideration therein expressed, and that she did not 
wish to retract it. 

Given under my hand and seal of office this day 

of , A. D., 19. . 

Notary Public Travis County, Texas. 

MORTGAGE FORM. 

This indenture witnesseth that A. B., of , party of 

the first part (if the mortgage is that of a married man and 
the wife joins, as is commonly the case, to extinguish her 
dower or other rights, insert "and Mary B., his wife" 
and make other corresponding changes below. If the land 

mortgaged belongs to a married woman insert "and , 

her husband," and make other necessary changes below), 

in consideration of dollars to him paid by C. D., 

party of the second part, the receipt whereof is hereby 
acknowledged, does hereby give, grant, bargain, sell, re- 
lease, convey and confirm to the said C. D., his heirs 
("Successors" instead of "heirs" if mortgage is to a cor- 
poration) and assigns forever the following described 

premises, situate in the of , county of 

and state of (describe it so that it may be acurately 



AND FlRr^ INSURANCE. 821 

identified) and all the right, title and interest of the said 
A. B., either in law or equity, in and to the said premises; 
together with all the appurtenances to the same belong- 
ing. To have and to hold the same unto the said C. D., 
his heirs and assigns forever, and the said A. B., for himself 
and his heirs, executors and administrators, hereby covenants 
with the said C. D., his heirs and assigns that he, the said A. B., 
is lawfully seized of the said premises, in fee simple, and has 
full right and power to convey the same, that the title 
and premises so conveyed are clear and unincumbered ; 
(if there are any exceptions to this, state them), and fur- 
ther, that he will warrant and defend the same against all 
claim or claims of all persons whomsoever. Provided, 
nevertheless, that whereas the said A. B., has executed 
and delivered unto the said C. D., a certain (bond, prom- 
issory note, or as the case may be) bearing even date 
herewith (then proceed to further describe it so that it 
may be identified with certainty, or, if short, a copy of it 
may be here inserted, the fact being stated that it is a 
copy). 

Now if the said A. B., his heirs, executors, administra- 
tors or assigns shall pay said debt or sum of dol- 
lars and interest which shall accrue thereon to the said 
C. D., his heirs or assigns, according to the tenor thereof, 
then this mortgage shall be void. 

In Avitness thereof, the said A. B., has hereunto 

set his hand and seal this day of in the year 

of our Lord A. B. (seal). 

Signed and acknowledged in presence of 
E. F. 
G. H. 
State of Texas, County of Travis. 

Before me, , a notary public in and for Travi- 

county, Texas, on this day personally appeared (oi 

proved to me on oath of ) known to me to be the 

person., whose name is subscribed to tJie foregoing in- 
strument, and acknowledged to me that he executed the 



822 INSTRUCTION IN REAL ESTATE 

same for the purposes and consideration therein expressed ; 

and also came , wife of the said , known to 

me (or proved to me on oath of ) to be the person. . 

whose name is subscribed to the foregoing instrument, 
and having been examined by me privily and apart from 

her husband , and having the same fully explained 

to her, she, the said ....... acknowledged such instru- 
ment to be her act and deed, and declared that she had 
willingly signed the same for the purposes and consid- 
eration therein expressed, and that she did not wish to 
retract it. 

Given under my hand and seal of office this day 

of , A. D., 19. . 



Notary Public Travis County, Texas. 

STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 
Chattel mortgage on record is a prior lien against every- 
body except a landlord. Unrecorded it is good between 
the parties only, and is subject to a second mortgage on 
record, without notice of the prior mortgage. All personal 
property is subject to mortgage except merchandise ex- 
posed for sale in the regular course of trade. The mort- 
gagor may retain possession and not afTect the lien of 
the mortgage when the mortgage is on record. The sale 
of mortgaged property with intent to defraud the mort- 
gagee is felony. A mortgage is good for four years and 
must be in writing. If the mortgaged property is removed 
out of the county in which it is recorded the mortgagee 
has four months in which to record his mortgage in the 
county in which the property is situated, and if he fails 
to do this his mortgage is not good against third parties. 
Homesteads cannot be mortgaged. 

CHATTEL MORTGAGE. 
Know all men b}- these presents, that residing in 



AND FIRE INSURANCE. 823 

, county of , state of , party of the tirst 

part, being justly indebted to residing in , 

party of the second part, in the sum of dollars, 

which is hereby confessed and acknoAvledged, has, for 
the purpose of securing the payment of said debt, granted, 
bargained, sold and mortgaged, and by these presents does 
grant, bargain, sell and mortgage unto the said party of 
the second part, his heirs and assigns, all that certain per- 
sonal property described as follows, to wit: (Describe it 
and state where it is and in whose possession), all of which 
property the party of the first part covenants is free and 
clear from all liens and encumbrances (here mention 
Exemptions, if any) and the said party of the first part 
for himself, his heirs, executors and administrators, all 
and singular, the goods, chattels and personal property 
above bargained and sold, unto the said party of the sec- 
ond part, his executors, administrators and assigns, against 
him, the said party of the first part, and against all and 
every other person or persons, whomsoever, shall and will 
warrant and forever defend. 

To have and to hold, all and singular, said goods, and 
chattels, unto the said party of the second part, his heirs 
and assigns, forever ; provided, always, and these presents 
are upon this express condition : That if the said party of 
the first part shall pay or cause to be paid unto the said 
party of the second part, his heirs or assigns, the sum of 

dollars, according to the conditions of two (or as 

the case may be) certain promissory notes, executed by 

payable to at viz., $ dated 

due with interest at per cent, per annum, 

until paid (or omitting all after ''promissory notes" and 
inserting ''of which the following are copies" and then 
insert copies, or if the indebtedness is not represented by 
promissory notes its character may be otherwise indi- 
cated). Then these presents to be void and of no effect. 
But in case said note is not paid at its maturity, then the 
said is hereby fully authorized and empowered to 



824 INSTRUCTION IN REAL ESTATE 

take charge of the property hereinbefore described, and 

sell the same at public outcry, for cash, at , in said 

county and state, after giving notices of the said sale in 
three public places in said county ; and the proceeds aris- 
ing from said sale to be applied to the payment of said 
note, interest and costs, and the balance, if any then re- 
maining, to be turned over to me, the said ' , or my 

order. 

The holder of the indebtedness hereby secured may be- 
come the purchaser at such sale, being the highest bidder. 

In witness whereof, the said party of the first part here- 
unto sets his hand and seal this day of A. 

D., 19 (seal.) 

Witness. 

State of Texas, County of Travis. 

Before me, , a notary public in and for Travis 

County, Texas, on this day personally appeared (or 

proved to me on oath of ) known by me to be the 

person whose name is subscribed to the foregoing 

instrument, and acknowledged to me that he executed 
the same of his own free will, for the purposes and con- 
sideration therein expressed. 

Given under my hand and seal of office this day 

of , A. D., 19. . 

Notary Public Travis County, Texas. 

STATUTE LAW RELATING TO BILLS OF SALE. 
Bill of sale is good between the parties, and all other 
persons unless the transfer is shown to be fraudulent. 
The law makes it the duty of the vendor of live stock to 
give a bill of sale to the vendee, and possession of such 
stock without a bill of sale is prima facie illegal. Butchers 
arc rcciuircd to file a l)ill of sale with Ihcir (puirlcrly re- 
ports to the commissioners' court for every animal slaugh- 
ered unless the same be raised by them. 



AND FIRE INSURANCE. 825 

BILL OF SALE FORM. 

Know all men, by these presents, that I, A. B., of , 

in consideration, of the sum of dollars to me in hand 

paid by C. D., of the same place, at and before the enseal- 
ing and delivering of these presents, the receipt whereof 
I do hereby acknowledge, (or if the consideration be dif- 
ferent state it), have bargained, sold, released, granted, 
and confirmed, and by these presents do bargain, sell, re- 
lease, grant, and confirm, unto the said C. D., all the fol- 
lowing goods, household stuff, and implements of house- 
hold (or as the case may be) (here describe each article 
so it can be identified) now remaining and being (men- 
tion where they are) to have and to hold all and singular 
the said goods and chattels, etc., and every one of them, 
by these presents bargained, sold, released, granted and 
confirmed, unto the said C. D., his heirs, executors, admin- 
istrators and assigns, to his and their only proper use and 
behalf forever. 

Witness my hand and seal, this fourth day of , 

A. D., 19.. A. B. (seal.) 

Signed, sealed and delivered in presence of 
E. G. 
A. R. 

STATUTE LAWS RELATING TO LANDLORD 
AND TENANT. 

The landlord has a preference lien for rent on all crops 
raised on the premises, and for all supplies, implements, 
tools, stock, etc., furnished the tenant to make said crop, 
said lien remaining good so long as the crop, implements, 
stock, etc., remain on the premises and for thirty days 
thereafter. 

An oral lease is good for one year and no longer. A 
tenant cannot sublet without permission from the land- 
lord. Owners of residences, stores, houses, etc., have a 
lien on all property of tenant not exempt by law from 
forced sale for one year's rent, said lien existing so long 



826 INSTRUCTION IN REAL ESTATE 

as the property is on the rented premises and for thirty 
days thereafter. 

LEASE FORM. 

This indenture, made the day of , in the 

year of our Lord one thousand and nine hundred and 

, between A. B., of , of the first part, and 

C. D., of , of the second part, witnesseth : That the 

said A. B., for and in consideration of the yearly rent and 
covenants hereinafter mentioned and reserved, on the part 
and behalf of the said C. D.; his executors, administrators 
and assigns, to be paid, kept, and performed, hath demised, 
granted and leased, and by these presents doth demise, 
grant and lease, unto the said C. D., his executors, admin- 
istrators, and assigns, all that messuage and lot of ground, 

situate, lying and being in the aforesaid, bounded 

northvv^ard, etc. (here describe the premises), together 
with all and singular, buildings and appurtenances there- 
unto belonging. To have and to hold the said messuage 
and lot of ground, and all and singular the premises 
hereby demised, with the appurtenances, unto the said 
C. D., his executors, administrators, and assigns ; from 

the day of next ensuing the date hereof, for 

and during the term of years thence next ended ; 

yielding and paying for the same unto the said A. B., his 
executors, administrators, and assigns, the 3^early rent or 

sum of dollars, in four equal quarterly payments 

(or as the case may be) of dollars each, the first 

of which to be made on the day of next. 

And the said C. D., for himself, his heirs, executors, and 
administrators, doth covenant, promise, and agree to and 
with the said A. B., his heirs, executors, administrators 
and assigns, by these presents, that he, the said C. D., his 
heirs, executors, and administrators, shall and will well 
and truly pay or cause to be paid unto the said A. B., his 
heirs, executors, administrators or assigns, the said yearly 

rent of dollars, hereby rescr\'C(l on the several days 

and times hereinbefore mentioned and appointed for the 



AND FTRE INSURANCE. 827 

payment thereof, according to the true intent and mean- 
ing of these presents. And the said A. B., for himself, his 
heirs, executors, and achninistrators, doth covenant, prom- 
ise and agree to and with the said C. D., his executors, ad- 
ministrators, and assigns, by these presents, that he, the 
said C. D., his executors, administrators and assigns, (pay- 
ing the rent and performing the covenants aforesaid), 
sliall and may peaceably and quietly have, hold, use, 
occupy, possess and enjoy the said demised premises, with 
the appurtenances, during the term aforesaid, without the 
lawful let, suit, trouble, eviction, molestation, or interrup- 
tion of the said A. B., his heirs, or assigns, or any other 
person or persons whatsoever. 

To secure the said party of the first part in the certain 
payment of said rent when the same becomes due, he is 
hereby given a landlord's lien on all of crop of any and 
every kind raised by said party of the second part or any- 
one by, for or under , as subtenants or agents on 

said premises in and during the continuance of this con- 
tract, and the same nor any part of it shall be taken from 
the said premises as long as said rent or any part of it 
is due or unpaid by said party of the second part or any- 
one for him without the written consent of said party of 
the first part, and if said party of the second part takes or 
attempts to take any of said crop of¥ of said premises 
while the rent or any part of it is unpaid, and if the said 
rent is not then due, the same shall become due as to all 
of it and said party of the first part may distress said 
crop for all of the rent or any part of it due under this 
contract. 

If the said party of the first part advances any moneys 
or supplies or have the same done to enable said party of 
the second part to cultivate said land and to secure and 
house said crop, the said party of the first part be and is 
hereby given a lien on the said crop for the payment of 
same. 



828 INSTRUCTION IN REAL ESTATE 

Witness the hands and seals of the said parties the day 
and year first above written. A. B. (seal.) 

Signed, sealed and delivered in presence of C. D. (seal.) 
E. R 
G. H. 

EXEMPTION AND HOMESTEAD LAWS. 

The following property is reserved to single persons or 
those who are not constituents of a family exempt from 
attachment, execution, and every other species of forced 
sale; i. A lot or lots in a cemetery held for the purpose 
of burial. 2. All wearing apparel. 3. All tools, appa- 
ratus and books belonging to any trade or profession. 4. 
One horse, saddle and bridle. 5. Current wages for per- 
sonal services. 

The following is exempt to every family: i. The 
homestead of the family. 2. All household and kitchen 
furniture. 3. Any lot or lots in a cemetery held for the 
purpose. 4. All implements of husbandry. 5. All tools, 
apparatus and books belonging to any trade or profession. 
6. The family library and all family portraits and pic- 
tures. 7. Five milch cows and their calves. 8. Two 
yoke of oxen, with necessary youkes and chains. 9. Two 
horses and one wagon. 10. One carriage and buggy. 
II. One gun. 12. Twenty hogs. 13. Twenty head 
of sheep. 14. All saddles, bridles, and harness necessary 
for the use of the family. 15. All provisions and forage 
on hand for home consumption. 16. All current wages 
for personal services. 

The homestead not in a town or city may consist of not 
more than 200 acres of land ; in a city or town or village it 
may consist of a lot or lots not exceeding $5,000 in value 
exclusive of improvements, provided it be used for the 
purpose of a home or as a place of business by the head 
of the family, or temporarily leased while the family has 
acquired no other home. The proceeds of a voluntary 
sale of a homestead are not subject to garnishment for 
six months after sale. The excmi)tions of the homestead 



AND FIRE INSURANCE. 829 

do not apply where the debt is due for the purchase money 
thereof, or for taxes due thereon, or for work and material 
used in constructing improvements thereon. Exemptions 
to personal property do not apply where the debt is due 
for rents and advances made by a landlord to his tenant 
if the property is furnished by the landlord to enable the 
tenant to make a crop. 

Ferryboats, or the property of counties, cities and towns 
used for public purposes, fire engines and the furniture 
thereof, and public grounds used for the use and benefit of 
the public are exempt. 

The exemption of the homestead from execution and 
forced sale is especially guarded by the laws and the 
courts of this state. The homestead cannot be mortgaged 
under any circumstances. 

STATUTE LAW RELATING TO FENCES. 
A land owner must fence stock out. Their owner need 
not fence them in. The law governing fences is divided 
into three classes: i. Four counties of the state have no 
local law prohibiting stock of any kind from running at 
large, which was the original law of Texas. 2. In all 
except four counties the freeholders may have an election 
to determine whether or not hogs, sheep or goats shall be 
allowed to run at large in any county or subdivision 
thereof. If it is determined that these classes of animals 
shall not run at large in such district, the land owner is 
not required to fence against them, but the owner of the 
stock must fence them in. Over a large portion of the 
state this law has not been adopted and in such places 
three to four barbed wires Avell put up is a lawful fence. 
3. In twenty-two counties of the state the freeholders 
may vote to determine whether or not all classes of ani- 
mals shall be allowed to run at large, either in an entire 
county or in any subdivision. Where this law is adopted 
the original law of the state is reversed and the owner of 
stock must confine them. This law was passed in 1889 
and has not been widely adopted. 



830 INSTRUCTION IN REAL ESTATE 

AVliere no stock law has been adopted a lawful fence is 
one five feet high and sufficiently close to turn all classes 
of stock not of a breachy nature. Where the hog, sheep 
and goat law is in force, a lawful fence made of barbed 
wire is one four and one-half feet high and sufficiently 
close to turn all stock not prohibited from running at large 
that are not of a breachy nature. Barbed wire is in gen- 
eral use, and is a lawful fence when properly built. 

STATUTE LAWS RELATING TO LIMITATION. 

Suits to recover land must be brought within three, five, 
or ten years, according to the title or color of title of per- 
son in possession. Actions must be brought within two 
years on the following causes: i. Trespasses for injury 
done to the estate or property of another. 2. For de- 
taining the personal property of another and converting 
such personal property to one's own use. 3. For taking 
and carrying away the goods and chattels of another. 

The following actions must be brought in four years : 
I. For debt where the indebtedness is evidenced by or 
founded upon any contract in writing. 2. For the penalty 
or for damages on the penal clause of a bond to convey 
real estate. 

Actions for the specific performance of a contract to 
convey real estate may be brought within ten years. 
Judgments are barred after ten years unless renewed 
within that time. Limitation does not run against a per- 
son out of the intestate, an infant, a married woman, a non 
compos mentis, or a person imprisoned. 

STATUTE LAW RELATING TO IRRIGATION. 
Irrigation is placed under the control of the commis- 
sioners' court of each county. The body has full author- 
ity to control all ditches, dams, sluices, roads, bridges 
and fences in connection with part owners or adjacent 
land owners of any irrigated section. They have power 
to enforce any regulations they may adopt for the pur- 



AND FIRE INSURANCE. 83I 

pose of protecting the health, the rights, and the property 
of citizens adjacent to such coniminiity. They may 
exercise the right of eminent domain and condemn prop- 
erty over which it is deemed best to construct ditches 
when such person will not consent for his property to 
l3c so used. They may discontinue ditches and establish such 
fence laws as to them seem best. 

The unappropriated waters of the ordinary flow or 
underflow of all running streams and the storm or rain 
waters of every river, ravine, depression or water shed 
within those portions of the State of Texas in which, 
by reason of the insufficient or irregular and uncertain 
rainfall, irrigation is beneficial for agricultural purposes, 
are declared to be the property of the public, and may 
be acquired by appropriation, and may be held or stored 
in dams, lakes or reservoirs, built by a person or cor- 
poration for irrigation, mining, milling, the construction 
of water works for cities and towns, or for stock raising, 
but the ordinary flow of any stream must not be stopped or 
changed so as to injure a lower proprietor who has rights al- 
ready acquired in such stream. As between appropriators, the 
first in time is the first in right. Corporations may be formed 
and chartered for the purpose of constructing and operating 
canals, ditches, reservoirs, dams, etc., for irrigating, milling, 
etc., purposes. 

DECEDENT'S DEBTS. 
Decedent's debts are payable out of his property, with- 
out reference to some being personalty or realty in the fol- 
lowing order: i. Funeral expenses and expenses of last 
sickness. 2. Expenses of administration and expenses of 
keeping and preservation of keeping property. 3. Claims 
secured by mortgage or other liens so far as the same can 
be paid out of property subject to such morgage or lien. 
4. All claims legally exhibited within one year after the orig- 
inal grant of letters testamentary of administration. 5. All 



832 INSTRUCTION IN REAL ESTATE 

claims legally exhibited after the lapse of one year from the 
granting of letters testamentary of administration. 

When there is a deficiency of assets to pay all claims 
of the same class they shall be paid pro rata, and no exec- 
i.itor or administrator shall be allowed to pay any claims, 
whether the estate is solvent or insolvent, except with 
their pro rata amount of the funds of the estate that have 
come in hand. 

Executors and administrators are required to exhibit to 
the county court yearly statements of the condition of 
estates in their charge. All claims are to be verified by 
affidavit before being paid. 

DISTRIBUTION OF PROPERTY WHEN NO WILL 

IS LEFT. 

A decedent's estate not disposed of by will or limited 
marriage settlement, after payment of debts and legal 
charges for settling, passes, first, to decedent's children 
and their descendants. If no children or descendants then 
to father and mother in equal proportions. But if only 
mother or father survive then one-half shall go to such 
father or mother and the other half shall go to the de- 
ceased brothers and sisters if any, and if there be none 
then to such surviving father or mother. And if no surviv- 
ing father or mother then to the brothers and sisters and 
if there be none of the aforesaid kindred then to be di- 
vided in halfs, and one-half to the paternal kindred and 
other half to maternal kindred. 

Where intestate leaves surviving husband or wife, and 
children or their descendants, the survivor shall be entitled 
to one-third of the personal estate, and one-third of the 
real estate for life, with remainder to the decedent's des- 
cendants. 

If there be no children or their descendants then the 



AND FIRE INSURANCE. 833 

surviving husband or wife shall be entitled to all the per- 
sonal estate and one-half of the real estate, without re- 
mainder to any person ; and should decedent have neither 
mother nor father, nor brothers or sisters then the sur- 
viving husband or wife shall be entitled to have all the 
estate of such intestate. 

Upon the death of husband or wife all the property be- 
longing to the community estate shall go to the survivor 
if there be no children of the deceased or their descend- 
ants ; but if there be children one-half of the community 
estate goes to the survivor and the other half to the child- 
ren. In every case the community estate passes charged 
with the debts against it. 

Person of the half blood inherit one-half as persons of 
the whole blood. 

In every case illegitimate offspring can inherit after in- 
termarriage of their father or mother. Bastards can inherit 
from their mothers. 

No criminal conviction shall work a corruption of blood 
or forfeiture of estate. 

DISTRIBUTION OF PROPERTY BY WILL. 

Every person, aged 21 years or upwards, who is in sound 
mind, shall have power to make a last will and testament. 
And such person can devise and bequeath all his right, title 
and interest in and to all kinds of property, whether the 
same be real or personal. 

Wills must be signed by the testator and by two credible 
witnesses above 14 years of age, but where the will is 
wholly written by the testator no witnesses are necessary. 

A will once made cannot be revoked except by destroy- 
ing the same by the testator or by a subsequent setting 
forth substantially, a revocation to the former will. 

Texas law also provides for nuncupative wills, but same 
must be made in the last sickness of the testator; nor can 
he will property which exceeds thirty dollars in value with- 



834 INSTRUCTION IN REAL ESTATE 

out three credible witnesses testifying that deceased called 
upon them to take notice of said nuncupative will. 

No nuncupative will shall be proved until fourteen days 
after death of deceased. 

And all nuncupative wills are void after six months un- 
less reduced to writing within six days after death of tes- 
tator. 

Posthumous children are not bound by the will of the 
father but inherit the same as if no will had been made. 

When wills have been admitted to probate and recorded 
in the deed records of the county where property devised 
under said will is situated, such records shall be of the 
same force and effect to pass title as in the case of deeds. 

NOTARY PUBLIC. 

Applicant must be a citizen. Application should be made 
to the Secretary of State. Appointment is made by the 
Governor with Senate's consent. A fee of $1.00 and a bond 
for $1000 are required. Term of office, two years. Fees — 
Protest, registering and seal, $2.50; notice of protest 25 
cents; taking acknowledgments 50 cents; administering 
oath 25 cents. 

LAWS CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 

Acknowledgments made outside of the State, of deeds 
and other instruments concerning land for the recording in 
Texas, may be made before a notary public in this or any 
other country, or by a clerk of some court of record having 
a seal or a commissioner of deeds duly appointed under 
the laws of this State if within the United States, or out 
of the United States by a minister, commissioner, charge 
fairs of the United States or a consul general, consul, vice-con- 
sul, commercial agent, vice-commercial agent, deputy con- 
sul or consular agent of the United States. 



AND FIRE INSURANCE. 835 

UTAH. 
STATUTE LAW RELATING TO DEEDS. 

A recorded deed from the time of filing the same for 
record is notice to all persons of its contents and subse- 
quent purchasers, mortgagees or lien holders shall be 
deemed to become such without notice thereof. 

Every conveyance of real estate within this State which 
shall not be duly recorded, shall be void as against any 
subsequent purchaser, in good faith and for valuable con- 
sideration, of the same real estate or any portion thereof, 
where his own conveyance shall be first duly recorded. 

STATUTE LAWS RELATLNG TO MARRIED 

WOMEN. 

A married woman has the same right and power con- 
cerning property, both real and personal, as an unmarried 
woman ; contracts may be made by her and liabilities in- 
curred ; she may sue and be sued ; may convey her sepa- 
rate estate ; real and personal, without her husband. 
Conveyances bet\\ccn husband and wife are valid. The 
wife's property is not liable for the husband's debts, and 
the husband is not liable for the wife's torts. The property 
of both husband and wife is liable for the expense of the 
family and the education of the children. Neither husband 
or wife can remove the other from the homestead. 

Either husband or wife may sue the other for the posses- 
sion of his or her separate property. 

WARRANTY DEED. 

Know all men by these presents : That in 

consideration of to paid by the 

receipt whereof is hereby acknowledged, do 

hereby give, grant, bargain, sell and convey to the said 

heirs and assigns forever, the following described 

premises, situated in the of , county of 

and State of Utah : and all the rights, 

title and interest of the said either in law or 



836 INSTRUCTION IN REAL ESTATE 

equity, in and to the said premises; together with all the 
appurtenances to the same belonging, but subject to all 
legal highways. 

To have and to hold the same unto the said 

heirs and assigns forever. 

And the said for and heirs, 

executors and administrators, hereby covenant 

with the said heirs and assigns that 

true and lawful owner of the said premises, and 

ha full power to convey the same ; and that the 

title so conveyed is clear and unincumbered ; and 

further, that will warrant and defend the same 

against all claim or claims of all persons whomsoever. 

In witness whereof, the said who hereby release 

right and expectancy of dower in the said prem- 
ises, ha. . hereunto set hand this 

day of in the year of our Lord 



Signed an acknowledged 
in the presence of 



State of Utah, County. 

I, (here insert name and official character of the officer 
taking the acknowledgment), in and for said county, in 

said state, hereby certify that personally 

known to me to be the person. . whose name. . subscribed 
to the annexed deed, appeared before me this day in person, 
and acknowledged that signed, sealed and de- 
livered the said instrument of writing as free 

and voluntary act, for uses and purposes therein set forth. 

Given under my hand and official seal, this day 

of A. D., 19... 

(Name and official character.) 



AND FIRK INSURANCE. 837 

MORTGAGE DEED. 

I, mortgagor , of county of 

State of Utah, hereby mortgage . to 

mortgagee of county of 

state of for the sum of .... dollars, the following des- 
cribed tract of land in county, State of Utah : (Des- 
cribe it.) 

This mortgage is given to secure the following indebt- 
edness : And these presents shall be void if such 

payments be made according to the tenor and effect thereof. 

The said mortgagor agrees to keep the buildings on said 
land insured for the benefit of the mortgagee during the con- 
tinuance of this mortgage in a sum not less than 

dollars, and should neglect or fail to so do, the 

mortgagee may cause said insurance to be written and the 
premium or premiums paid therefor shall be added to the 
amount secured by these presents and draw interest at the 
rate of per cent, a month till paid. 

It is further expressly agreed that should default be made 
in the payment of any installment of interest or principal 
as in said note provided and should the same remain unpaid 

and in arrears for the space of days, the holder of 

said note may declare the principal sum mentioned therein 
to be due and payable immediately, and may proceed at 
once to foreclose this mortgage, anything hereinbefore 
written or in said note to the contrary notwithstanding. 

The mortgagor agrees to pay all taxes and assessments 
on the said land and a reasonable attorney's fee, in case of 
a foreclosure. 

Witness my hand and seal of the said mortgagor this 

day of A. D., 19. . . 

Witness : 



State of Utah, County. 

I, (here insert name and official character of the officer 
taking the acknowledgment), in and for said county in said 
state, hereby certify that personally known to 



838 INSTRUCTION IN REAL ESTATE 

me to be the person. . whose name. . subscribed to the an- 
nexed deed, appeared before me this day in person, and 

acknowledged that signed, sealed and delivered 

the said instrument of writing as free and volun- 
tary act, for uses and purposes therein set forth. 

Given under my hand and official seal this day of 

A. D., 19... 

(Name and official character). 



STATUTE LAW RELATING TO CHATTEL MORT- 
GAGES. 

Chattel mortgages may be given on all personal property 
unless possession of the property be delivered to and re- 
tained by the mortgagee, no mortgage thereof shall be valid 
as against the rights and interests of any person other than 
the parties thereto, unless the mortgage is duly witnessed 
by one person, accompanied by the affidavit of the parties 
thereto, that the same is made in good faith without design 
to hinder or delay the creditors of the mortgagor, and the 
mortgage, or a copy thereof be filed, in the office of the 
recorder of the county where the mortgagor resides, or in 
case he is a non-resident of this State, in the office of the 
recorder of the county or counties where the property may 
be at the time of the execution of the mortgage. Mortgage 
good for one year and may be renewed by affidavit. 

Foreclosures conducted in same manner as foreclosure 
of mortgages on real property without the right of redemp- 
tion, or mortgage may contain power of sale upon default 
being made in the conditions of the mortgage. 

CHATTEL MORTGAGE. 

Know all men by these presents, that , residing 

in county of, State of , party 

of the first part, being justly indebted to residing 

in , party of the second part, in the sum of 

dollars, which is hereby confessed and acknowledged, has. 



AND FIRE INSURANCE. 839 

for the purpose of securing the payment of said debt, 
granted, bargained, sold and mortgaged, and by these pres- 
ents does grant, bargain, sell and mortgage unto the said 
party of the second part, his heirs and assigns, all that 
certain personal property described as follows to wit: 
(Describe it and state wdiere it is and in whose possession), 
all of which property the party of the first part covenants 
is free and clear from all liens and encumbrances, (here 
mention exemptions if any), and the said party of the firs', 
part for himself, his heirs and assigns, all and singular 
the goods, chattels and personal property above bargained 
and sold, unto the said party of the second part, his heirs, 
and assigns, against him the said party of the first part, and 
against all and every other person or persons, whomsoever, 
shall and will warrant and forever defend. 

To have and to hold, all and singular said goods, and 
chattels, unto the said party of the second part his heirs 
and assigns, forever; provided, always, and these presents 
are upon this express condition : That if the said party of 
the first part shall pay or cause to be paid unto the said party of 

the second part his heirs or assigns, the sum of 

dollars, according to the conditions of two (or as the case 

may be) certain promissory notes executed by 

payable to at viz.... $ dated 

due with interest at per cent. 

per annum, until paid (or omitting all after "promissory 
notes" and inserting "of which the following are copies 
and then insert copies, or if the indebtedness is not repre- 
sented by promissory notes its character may be other- 
wise indicated). Then these presents to be void and of no 
effect. But if default shall be made in the payment of 
said sum of money or any part thereof or of any interest 
thereon, at the time the same shall become due, or if any 
attempt shall be made to remove, dispose of or injure said 
property, or any part thereof, by said party of the first 
part, or any other person, or if said party of the first part 
does not take proper care of said property, or if thereupon 



840 INSTRUCTION IN REAL ESTATE 

and thereafter, it shall be lawful, and the said first party 
hereby authorizes the said second party, his heirs or as- 
signs, or his authorized agent, to take said property where 
ever the same may be found, and hold or sell and dispose 
of the same, and all equity of redemption at public auction 
or private sale, with or without notice, and on such terms 
as the said party of the second part or his agent may see 
fit, retaining such amount as shall pay aforesaid notes and 

interest thereon, and attorney's fee of $ and such 

other expenses as may have been incurred, returning the 
surplus money, if any there be, to the said party of the first 
part, his heirs or assigns. 

In witness whereof the said party of the first part here- 
unto sets his hand and seal this day of , 

A. D., 190. . . 

. Seal. 

Witness : 



Before me, , a notary public in and for the 

county of , State of Utah ; on this day person- 
ally appeared , known to me to be the person.. 

whose name. . subscribed to the foregoing instrument, and 

acknowledged to me that executed the same for 

the purpose., and consideration therein expressed. 

Given under my hand and seal of office, this 

day of , A. D., 19. . . 

Notary Public. 

My commission expires 

State of Utah, County of , ss : 

the mortgagor above named and the 

mortgagee above named, being first duly sworn, each for 
himself, and not one for the other, doth depose and say 
that the foregoing mortgage is bona fide and made without 
any design to defraud ur to delay creditors. 



AND FIRE INSURANCE. 84I 

Subscribed and sworn to before me this day 

of , A. D., 190. . . 

Notary Public. 

My commission expires , 190. . . . 

STATUTE .LAW RELATING TO BLLLS OF SALE 
Must be witnessed by one person accompanied by the 
affidavit of the parties thereto, that the same is made in 
good faith without design to defraud creditors. Should 
be filed in the county recorders office. 

BILL OF SALE FORM. 

Know all men by these presents, that I, A. B., of , 

in consideration of the sum of dollars to me in 

hand paid by C. D., of the same place ,at and before the 
ensealing and delivering of these presents, the receipt 
whereof I do hereby acknowledge, (or if the consideration 
be different state it), have bargained, sold, released, 
granted, and confirmed, and by these presents, do bargain, 
sell, release, grant, and confirm, unto the said C. D., all the 
following goods, household stuff, and implements of house- 
hold, (or as the case may be), (here describe each article 
so it can be' identified), now remaining and being (mention 
where they are), to have and to hold all and singular the 
said goods and chattels, etc., and every one of them, by 
these presents bargained, sold, released, granted, and con- 
firmed, unto the said C. D., his heirs, executors, adminis- 
trators, and assigns, to his and their only proper use and be- 
half forever. 

Witness my hand and seal, this fourth day of , 

A. D., 19... 

Signed, sealed and delivered in presence of 

A. B. (seal) 
E. G. 
State of Utah, County of , ss : 

the mortgagor above named and the 

mortgagee above named, being first duly sworn, each for 



842 INSTRUCTION IN REAL ESTATE 

himself, and not one for the other, doth depose and say that 
the foregoing bill of sale is bona fide and made without any 
design to defraud or delay creditors. 



Subscribed and sworn to before me this day 

of A. D., 19... 

Notary Public. 

My commission expires 19. . , 

STATUTE LAW RELATING TO LANDLORD AND 

tenant; 

For rent due, personal property not exempt from execu- 
tion while on the premises leased, including stock and 
growing crops, may be distrained either before or after the 
term of lease, and goods moved with intent to prevent 
seizure may be followed for thirty days thereafter. He 
may also by a proceeding before a magistrate compel the 
landlord to deduct any account owing from the landlord to 
him. 

When landlord has leased real property for an indefin- 
ite time with monthly or other periodic payments of rent, 
he must serve written notices on tenant to quit premises 
fifteen days or more before the end of each month or 
period; or, in case of tenancies at will, the landlord must 
have served a written notice to quit at least five days be- 
fore he can expel. 

Landlord may expel tenant for default in the payment 
of rent after a notice in writing, requiring in the alterna- 
tive the payment of the rent or the surrender of the de- 
tained premises, if it shall have remained uncomplicd with 
for the period of three days after the service thereof. Such 
notice may be served at any time after the rent becomes 
due. 

A lease not in writing and signed by the lessor, if for 
more than one year, will have the efl^ect of creating a ten- 
ancy at will only. 



AND FIRE INSURANCE. 843 

LEASE FORM. 

The indenture made and executed this day of 

, A. D., 19..., between of, of the first 

part, and of , of the second part, witness- 

eth that in consideration of the rents and covenants here- 
inafter expressed, the said party of the first part has de- 
mised and leased, and does herewith demise and lease to 

the said party of the second part the following; 

premises, viz.: (describe them), with the privileges and 

appurtenances, for and during a term of from the 

day of 19.... which term will end 

And the said party of the second part covenants 

that he will pay to the party of the first part, for the use 

of said premises, the yearly rent of dollars 

($ ), to be paid monthly in advance in ecjual install- 
ments, without demand therefor being made by the party 
of the first part. 

And provided, said party of the second part shall fail 
to pay said rent, or any part thereof, when it becomes 
due. it is agreed that said party of the first part may sue 
for the same, or re-enter said premises, or resort to any 
legal remedy. 

The party of the part agrees to pay all taxes 

to be assessed on said premises during said term . . . 

The party of the second part covenants that at the expi- 
ration of said term he will surrender up said premises to 
the party of the first part in as good condition as now, 
necessary wear and damage by the elements excepted. 

Witness the hands and seals of the said parties the day 
and year first above written. 

A. B. (seal.) 

Signed, sealed and de- C. D. (seal.) .... 

livered in presence of 

E. F. 

G. H. 
Note. Leases should be made in duplicate, one for each 
party, 



844 INSTRUCTION IN REAL ESTATE 

EXEMPTION AND HOMESTEAD LAWS. 

A homestead consisting of lands and appurtenances 
(which lands may be in one or more localities), not ex- 
ceeding- in value, with the appurtenances and improvements 
thereon, the sum of fifteen hundred dollars, for the head 
of the family, and the further sum of five hundred dollars 
for his wife, and two hundred and fifty dollars for each 
member of his family, shall be exempt from judgment, lien 
and from execution or forced sale, except in satisfaction 
of judgments obtained : 

1. On debts secured by mechanics' or laborers' Hens 
for work or labor done or material furnished exclusively 
for the improvement of the same. 

2. On debts secured by lawful mortgages on the prem- 
ises. 

3. On debts created by the purchase thereof and for 
taxes accruing and levied thereon. 

The following property is also exempt from execution : 

1. Chairs, tables and desks to the value of two hundred 
dollars, and the library belongings to the judgment debtor, 
also musical instruments in actual use in the family. 

2. Necessary household, table and kitchen furniture, be- 
longings to the judgment debtor to the value of three hun- 
dred dollars; also one sewing machine, all family hanging 
pictures, oil paintings and drawings, portraits and their 
necessary frames; all carpets in use; provisions actually 
provided for individual or family use sufficient for three 
months; two cows with their sucking calves; two hogs 
with all sucking pigs ; all wearing apparel of every person 
or family; also beds or bedding of every person or family: 
also if the judgment debtor be the head of a family con- 
sisting of five or more members there shall be a further 
exemption of two cows and their sucking calves. 

3. The farming utensils or implements of husbandry of 
a farmer not exceeding in value the sum of three hundred 
dollars; also two oxen, or two mules and their harness; 



AND FIRE INSURANCE. 845 

one cart or wagon, also all seeds, grain, or vegetables 
actually provided, reserved or on hand for the purpose of 
planting or sowing at any time within the ensuing six 
months not exceeding in value the sum of two hundred 
dollars ; crops, whether growing or harvested, and the 
proceeds thereof, not exceeding in value two hundred dol- 
lars. 

4. The tools, toolchest, and implements of a mechanic 
or artisan, necessary to carry on his trade not exceeding 
in value the sum of five hundred dollars ; the notarial seal 
and records of a notary public ; the instruments and chests 
of a surgeon, physician or surveyor, and dentist, necessary 
to the exercise of their professions, with their scientific 
and professional libraries, and the law, professional lib- 
raries and office furniture of attorneys, counselors and 
judges, and libraries of ministers of the gospel, and the 
typewriting machine of a stenographer, typewriter, copy- 
ist and reporter, and the type presses, and materials of a 
printer or publisher necessary in the pursuit of his busi- 
ness, not exceeding in value the sum of five hundred dol- 
lars. 

5. The cabin or dwelling of a miner not exceeding in 
value the sum of five hundred dollars ; also all sluices, 
pipes, windlass, derrick, cars, pumps and tools not ex- 
ceeding in value five hundred dollars. 

6. Two oxen, two horses or mules and their harness, 
and a cart or wagon, one dray or truck, by the use of which 
a cartman, drayman, truckman, huckster, peddler, hack- 
man, teamster, or other laborer habitually earns his living; 
and one horse with vehicle and harness or other equip- 
ments used by a physician, surgeon or minister of the gos- 
pel, in making his professional visits. 

7! The earnings of the judgment debtor for personal 
services rendered within sixty days next preceding the 
levy of the execution, by garnishment or otherwise, if the 
judgment debtor be a married man, or with a family de- 
pendent upon him for support, 



'846 INSTRUCTION IN REAL ESTATE 

8. . All money, benefits, privileges or immunities accru- 
ing, or in any manner growing out of any life insurance 
on the life of the debtor, if the annual premiums paid do 
not exceed five hundred dollars. 

9. All arms, ammunition, uniforms and accoutrements re- 
quired by law to be kept by any person. 

10. All court houses, jails, public offices and buildings, 
school houses, houses of public worship, lots, grounds and per- 
sonal property appertaining thereto, the fixtures, furni- 
ture, books, papers and appurtenances belonging or per- 
taining to the court house, jail and public offices belonging 
to any county in this State, or for the use of schools or 
houses of public worship, and all cemetaries, public squares, 
parks and places, public buildings, town halls, public mar- 
kets, buildings for the use of fire departments and mili- 
tary organizations, and the lots and grounds thereto ap- 
pertaining and belonging, owned or held by any town or 
incorporated city, or dedicated by such city or town to 
health, ornament or public use or for the use of any fire 
or military company, now existing, or which may be under 
the laws of this State hereafter organized. 

STATUTE LAW RELATING TO FENCES. 
A land owner need not fence cattle out except in a 
county or precinct where the legal voters have voted for 
a fence law. Their owner must fence them in. The board 
of county commissioners shall declare by ordinance what 
shall constitute a lawful fence for that county. 

STATUTE LAWS RELATING TO LIMITATION. 

Suits to recover land must be brought within seven 
years after the right accrued to the claimant or his prede- 
cessor in title. 

Those on written contract or obligation Avithin six 
years ; those for other debts in general within four years, 
and those for injuring or taking personal property from 
the time the right accrued, unless the party claiming be 
a minor, non compos mentis, imprisoned or beyond sea. 



AND FIRE INSURANCE. 847 

STATUTE RELATING TO IRRIGATION. 

A person desiring to appropriate water must post a 
notice in writing in two conspicuous places, one copy at 
the nearest post office to the point of intended diversion, 
and one copy at the place of intended diversion stating 
the number of cubic feet per second claimed, the purpose 
for which it is claimed, and the place of intended use and, 
if for irrigation, the number of acres to be irrigated, the 
aqueduct by which he intends to divert it, the date of 
appropriation and the name of the appropriator. 

Within twenty days after the date of appropriation the 
appopriator shall file with the county recorder a similar 
notice, with name of the stream or a particular descrip- 
tion thereof. The appropriator or some one in his behalf 
must verify the notice and must state that the matters 
and facts contained in the affidavit are true.' 

Within forty days after posting such notice the ap- 
propriator must proceed to prosecute the excavation or 
construction of the work by which the water appropri- 
ated is to be diverted, and must prosecute the same with 
reasonable diligence to completion. 

It is unlawful to interfere with or turn another's water, 
or to befoul any waters used for domestic purposes, by 
sheeping, washing, corrals, etc. 

DECEDENT'S DEBTS. 

Real or personal property may be sold to pay the debts 
if it is to the best interest of the estate to do so. 

Debts are to be paid according to the following prefer- 
ences : I. Family expenses and expenses of last sickness 
and family allowance. 2. Wages of employees rendered 
within sixty days next preceding the death, not to exceed 
one hundred dollars. 3. Debts having preference under 
the laws of the United States or of this State. 4. Debts 
which are liens upon real property, occupied, selected, or 
set apart as homestead. 5. All other debts which are 



848 INSTRUCTION IN REAL ESTATE 

liens upon the property of decedent at the time of his 
death, 6. All other demands against the estate. 

When the estate exceeds in value the sum of ten thou- 
sand dollars claims must be presented within ten months 
from date of first publication of notice to creditors ; when 
the estate does not exceed in value the sum of ten thou- 
sand dollars, claims must be presented within four months 
from date of first publication of notice to creditors. When 
a claim is rejected, suit must be instituted within three 
months from date of rejection. 

When it is made to appear by the affidavit of the claim- 
ant that he had no notice by reason of being out of the 
state his claim may be presented at any time before distri- 
bution. 

DISTRIBUTION OF PROPERTY WHEN NO WILL 

IS LEFT. 

One-third in value of all legal and equitable estates in 
real property, possessed by the husband at any time dur- 
ing marriage, and to which the wife had made no relin- 
quishment, shall be set apart as her property in fee simple 
if she survive him; provided that the wife shall not be 
entitled to any interest under the above provision, in 
realty, which the husband conveyed while she was not and 
never had been a resident of this state. (Even if there be 
a will she may elect to take this in lieu of what the will 
allows her.) 

A decedent's estate not disposed of by will or limited 
by marriage settlement after payment of debts and 
charges for selling, vests as follows : 

If the decedent leave a surviving husband or wife, and 
only child, or the issue of one child, it goes in equal 
shares to the surviving wife and such child or issue of such 
child; if decedent leave a surviving husband or wife and 
more than one child living, or one child living and the 
issue of one or more deceased children, one-third to the 
surviving husband or wife and the remainder in equal 



AND FIRE INSURANCE. 849 

shares to his children, and the issue of any deceased child 
by right of representation ; but if there be no child of 
decedent living at his death the remainder goes to all of 
his lineal descendants; and if all the descendants are in 
the same degree of kindred to the decedent they share 
equally, otherwise by right of representation ; provided 
that the interest in real property secured by this section 
to a widow shall not be additional to the interest provided 
for her in the section above. 

If decedent leave no surviving husband or wife but 
issue, then the whole estate goes to such issue to be dis- 
tributed to them per stirpes if one or more of such issue 
be living. 

If the decedent died without issue, all of the estate, 
real and personal, if not over five thousand dollars in 
value, exclusive of debts and expenses, goes to the sur- 
viving husband or wiie ; and if over that value, five thou- 
sand dollars go to the surviving husband or wife, and the 
excess goes one half to the surviving husbana ur wife, 
and the other half to the decedent's father and mother, in 
equal shares and if either be dead, the whole of said half 
goes to the other. If there be no father or mother, then 
one-half of such excess goes in equal shares to the brothers 
and sisters of the decedent and to the children of any 
deceased brother or sister by right of representation. 

If the decedent leave a surviving husband or wife and 
neither father, mother, brother, nor sistei* the whole es- 
tate goes to the surviving husband or wife ; if neither hus- 
band or wife, surviving, nor father, mother, brother, sis- 
ter nor issue, the estate must go to the next of kin in equal 
degree, excepting that where there are two or more collat- 
eral kindred, in equal degree, but claiming through differ- 
ent ancestors, those who claim through nearest ancestors, 
must be preferred. 

If after descent cast, an unmarried minor child dies, all 
of the estate that came to such child by inheritance, from 
his deceased father or mother, descends in equal shares 



850 INSTRUCTION IN REAL ESTATE 

to his brothers and sisters, of the same parent and to the 
issue of any deceased brother or sister, by right of repre- 
sentation ; if all of the other children of his parents are also 
dead, and any of them have left issue, the estate that came 
to such child by inheritance, from his parents descends to 
the issue of all children of the same parent; and if all issue 
are within the same degree of kindred to the child, they 
share the estate equally, otherwise they take according 
to the right of representation. 

If the decedent leave no- husband, wife, nor kindred and 
there be no heirs to take the estate or any portion thereof, 
the same shall escheat to the state for the benefit of the 
school fund. 

All gifts and grants are made as advancements if ex- 
pressed to be so made, but excess of distributee's share is 
not to be refunded. 

Posthumous children are to be considered as living at 
the death of parent. 

An illegitimate child inherits from the mother and also 
from the father if he publicly acknowledges it to be his 
child, receives it into his family and otherwise treats it 
as one of his children. 

Half blood inherit equally with whole blood, unless in- 
heritance comes to intestate by descent, devise or gift of 
some one of his ancestors, then all those who are not of 
the blood of such ancestor are excluded. 

DISTRIBUTION OF PROPERTY BY WILL. 
Every person over the age of eighteen years, of sound 
mind, may dispose of his or her real or personal property 
by will ; provided that a married man shall not dispose of 
more than two-thirds in value of his real estate away from 
his wife without her consent in writing. The will must 
be subscri1)ed at the end by the testator, in the presence 
of two subscribing witnesses, and the testator must at 
said time- declare to the attesting witnesses that it is his 
will. Each attesting witness must sign his name at the^ 



AND FIRE INSURANCE. 85I 

request of the testator and in his presence and the other 
attesting witness and must write his place or residence 
after his name. 

A person may also dispose of his property by an olo- 
graphic will. 

A nuncupative will is valid if the estate bequeathed does 
not exceed in value the sum of one thousand dollars. It 
must be proved by two witnesses, who were present at 
its making, one of whom was at the time asked by the 
testator to bear witness that such was his will and the 
decedent must at the time have been in expectation of im- 
mediate death from an injury or casualty happening within 
twenty-four hours previous. Proof must be offered within 
six months thereafter and within thirty days from date 
of making, the will thereof must be reduced to writing. 

Children or the issue of children unprovided for by will 
and children born subsequent to the execution of a will, 
shall succeed to their shares of the estate the same as if 
no will had been made, unless it appear that such omission 
was intentional. A devise of real property passes all the 
estate of the testator therein, unless otherwise limited. A 
prior will remains effectual so far as consistent with a sub- 
sequent will. 

A testamentary disposition may be made to any person 
capable of taking property, but corporations other than 
those formed for scientific, literary, religious, charitable, 
benevolent or solely educational purposes cannot take 
under a will unless expressly authorized by statute. 

NOTARY PUBLIC. 
Applicant must be a citizen. Application should be 
made to the Secretary of State. Appointment is made by 
the Governor. A fee of $5 and a bond for $500 are re- 
quired. Term of office, four years. Fees — Protest, $1 ; 
notice of protest, 25 cents ; taking acknowledgments, for 
first signature, 50 cents ; each additional signature, 25 
cents ; administering oath, 25 cents. 



852 INSTRUCTION IN REAL ESTATE 

LAW CONCERNING ACKNOWLEGMENTS 
TAKEN OUTSIDE THE STATE. 

Acknowledgments, made out of the state but within 
the United States, of deeds, mortgages and other instru- 
ments concerning land for recording in Utah may be made 
by some judge or clerk of any court in the United States, 
or of any state or territory having a seal, or by a notary 
public or by a commissioner appointed by the governor of 
this state for that purpose ; if acknowledged or proved 
without the United States, it may be before some judge 
or clerk of any court of any state, kingdom or empire hav- 
ing a seal or any notary public therein, or any ambassa- 
dor, minister, commissioner, or consul of the United States 
appointed to reside therein. 

(Notary must afifix date of expiration of his commission.) 

VERMONT. 

STATUTE LAW RELATING TO DEEDS. 

If a deed be not recorded a subsequent grantee having 
no knowledge of prior unrecorded deed will have prefer- 
ence, if his deed be first recorded. Two w^itnesses are 
necessary. Deeds must be under seal, and scroll seal is 
not sufficient. 

STATUTE LAWS RELATING TO MARRIED 
WOMEN. 

A married woman has the same right and power con- 
cerning property and to contract, except with her husband, 
sue and be sued, as if unmarried, but a mortgage or con- 
veyance of her realty is void unless her husband join 
therein, and she cannot be legally bound as surety, guar- 
antor or accommodation endorser, except by mortgage, 
but she may not sue her husband except for divorce. 

A married woman may, on petition to and license from 
the C(!)urt of chancery, convey her real estate without her 



ANn FIRE INSURANCE. 853 

husband joining when husband has deserted or caused his 
wife to live apart from him. 

She may convey her real and personal estate by will. 

WARRANTY DEED. 

Know all men by these presents, that of , 

in the county of , in the state of Vermont, in 

consideration of dollars paid to satisfaction 

by of in the county of in the state of 

V^ermont do freely give, grant, bargain, sell, alien 

and convey unto the said , heirs and assigns forever, 

the following described piece or parcel of land situated in 
, in said county, viz. : 

To have and to hold the above granted and bargained 
premises, with all the privileges and appurtenances thereof 

and thereto belonging unto the said , heirs and 

assigns, to and their own proper use, benefit and 

behoof forever. And , the said , do for 

heirs, executors, administrators, covenant to and with the 

said heirs, executors, administrators and assigns that at 

and until the ensealing of these presents well seized 

of the premises, in fee simple ; that have 

good right and lawful authority to bargain and sell the 
same, in manner and form as it is above written ; that they 

are free and clear of all incumbrance, and that .... 

will warrant and defend the same against all lawful claims 
and demands of any person or persons whomsoever 

In witness whereof, I have hereunto set my hand and 

seal, this day of A. D., 19. . 

(seal.) 

Signed, sealed and delivered in the presence of 



State of Vermont, County, ss : 

Personally appeared at in said county, , 

the signer and sealer of the above written instrument, and 



854 INSTRUCTION IN REAL ESTATE 

acknowledged the same to be free act and deed, 

this day of , A. D., 19. . 

Before me 

Note. No special form for married woman. She need 
not join in the conveyance or acknowledgment of her hus- 
band's realty unless it be the homestead or part thereof. 

MORTGAGE FORM. 

This indenture witnesseth that A. B., of , party 

of the first part, (if the mortgage is that of a married man 
and the wife joins, as is commonly the case, to extinguish 
her dower or other rights, insert ''and Mary B., his wife," 
and make other corresponding changes below. If the land 

mortgaged belongs to a married woman insert ''and , 

her husband," and make other necessary changes below), 

in consideration of dollars to him paid by C. D., 

party of the second part, the receipt whereof is hereby 
acknowledged, does hereby give, grant, bargain, sell, re- 
lease, convey and confirm to the said C. D., his heirs ("suc- 
cessors" instead of "heirs" if mortgage is to be a corporation) 
and assigns forever the following described premises, sit- 
uate in the of county of and state of 

, (describe it so that it may be accurately identified) 

and all the right, title and interest of the said A. B., either 
in law or equity, in and to the said premises : together 
with all the appurtenances to the same belonging. To 
have and to hold the same unto the said C. D., his heirs 
and assigns forever, and the said A. B., for himself and 
his heirs, executors and administrators, hereby covenants 
with the said C. D., his heirs and assigns that he, the said 
A. B., is lawfully seized of the said premises, in fee simple, 
and has full right and power to convey the same, that the 
title and premises so conveyed are clear and unincum- 
bered; (if there are any exceptions to this state them) and 
further, that he will warrant and defend the same against 
all claim or claims of all persons whomsoever. Provided, 



AND FIRE INSURANCE. 855 

nevertheless, that whereas the said A. B., has executed 
and delivered unto the said C. D., a certain (bond, prom- 
issory note, or as the case may be) bearing even date 
herewith (then proceed to further describe it so that it 
may be identified with certainty, or if short, a copy of it 
may be here inserted, the fact being stated that it is a 
copy). 

Now if the said A. B., his heirs, executors, administra- 
tors or assigns shall pay said debt or sum of dol- 
lars and interest which shall accrue thereon to the said 
C. D., his heirs or assigns, according to the tenor thereof, 
then this mortgage shall be void. 

In witness thereof, the said A. B., has hereunto 

set his hand and seal this day of , in the year 

of our Lord A. B. (seal.) 

Signed and acknowledged in presence of 
E. F. 
G. H. 
State of Vermont, County, ss : 

Personally appeared at in said county, the 

signer and sealer of the above written instrument, and 

acknowledged the same to be free act and deed, 

this day of A. D., 19. . 

Before me 

Note. No special form for married woman. She need 
not join in the conveyance or acknowledgment of her hus- 
band's realty unless it be the homestead or part thereof. 

STATUTE LAWS RELATING TO CHATTEL 

MORTGAGES. 
All personal property shall be subject to mortgage. 
Mortgage must contain statutory oath and be recorded in 
town clerk's office in town where property is kept, to be 
valid against any person except mortgagor, his executor 
or administrators. IMortgage must be recorded within 
thirty days. If mortgaged property is turned over to the 
possession of mortgagee no record is necessary. Mort- 



856 INSTRUCTION IN REAL ESTATE 

gaged property cannot be removed from the state without 
consent of mortgagee. Property may be sold, after con- 
dition is broken, in thirty days. Sale by public officer at 
public auction by giving at least ten days' notice of time, 
place and purpose of sale, excess over mortgage to be paid 
on demand to mortgagor or person holding under him. 

■CHATTEL MORTGAGE. 

Know all men by these presents, that I, , of 

, in the County of Chittenden, and state of Ver- 
mont .... for and in consideration of dollars to 

me in hand paid by , of , in the county of 

Chittenden, and state of Vermont do sell and con- 
vey to the said , the following goods and chattels, 

to wit : Warranted free of incumbrance, and against 

any adverse claims. 

This conveyance is upon condition that if the said 

shall pay to the said , or his assigns the sum 

of dollars and interest on or before the day 

of , A. D., 19. . . ., agreeably to a certain (or what- 
ever number there are) promissory note for that sum, 
dated and payable to said then this convey- 
ance shall be void, otherwise to remain in full force and 
effect, and to warrant such proceedings in reference to 
the sale of said goods and chattels, and the application, 
and distribution of th^ proceeds of such sale, as is pro- 
vided in Chapter 108 of the Vermont statutes and the 
amendments thereof. 

In witness whereof, the said party of the first part has 

hereunto set his hand and seal, this day of , 

A. D., 19. . (seal.) 

Signed and delivered in the presence of 



We severally swear that the foregoing mortgage is made 
for the purpose of securing the debt specified in the con- 
dition thereof, and for no other purpose whatever, 



AND FIRE INSURANCE. 857 

and that the same is a just debt, honestly due and owing 
from the mortgagor to the mortgagee. 
State of Vermont, Chittenden county. 



. Mortgagor. 

Mortgagee. 

Subscribed and sworn to before me at in said 

county, this day of , A. D., 19. . 

STATUTE LAAV RELATING TO BILLS OF SALE. 
Bill of sale of personalty is good between the parties 
thereto, but not as ta third parties, such as creditors of the 
vendor, if seller retains possession, unless bill of sale is 
recorded in town clerk's office of the town where prop- 
erty is located. 

BILL OF SALE FORM. 

Know all men by these presents, that I A. B., of , 

in consideration of the sum of dollars to me in hand 

paid by C. D., of the same place, at and before the en- 
sealing and delivering of these presents, the receipt 
whereof I do hereby acknowledge, (or if the consideration 
be different, state it), have bargained, sold, released, 
granted and confirmed, and by these presents, do bargain, 
sell release, grant, and confirm, unto the said C. D., all 
the following goods, household stuff, and implements of 
household, (or as the case may be) (here describe each 
article so it can be identified) now remaining and being 
(mention where they are) to have and to hold all and 
singular the said goods and chattels, etc., and every one 
of them, by these presents bargained, sold, released, 
granted, and confirmed, unto the said C. D., his heirs, 
executors, administrators, and assigns, to his and their 
only proper use and behalf forever. 

Witness my hand and seal, this fourth day of , 

A. D .,19.. A. B. (seal.*) 

Signed, sealed and delivered in presence of 
E. G. 
A. R. 



858 INSTRUCTION IN REAL ESTATE 

STATUTE LAWS RELATING TO LANDLORD 
AND TENANT. 

For rent due, any property subject to attachment may 
be levied upon. Notice to vacate must be given. After 
notice, ejectment lies w^ith a capias for the body arrest of 
the delinquent. Close jail execution on judgment and pos- 
session of the property. 

Lease of property for a period of one year or more must 
be under seal, properly attested. Hiring monthly or at 
will, if rents are paid promptly, requires notice of a rea- 
sonable time to vacate. Hiring for time not specified has 
generally been constriied a yearly hiring. 

LEASE FORM. 

This indenture made and executed this day of 

, A. D., 19.., between , of ...., of the first 

part, and of , of the second part, witnesseth 

that in consideration of the rents and covenants herein- 
after expressed, the said party of the first part has demised 
and leased, and does hereby demise and lease to the said 

party of the second part , the following premises, 

viz.: (describe them) with the privileges and appurten- 
ances, for and during a term of from the 

day of , 19. ., which term will end And the 

said party of the second part covenants that he will pay 
to the party of the first part, for the use of said premises, 

the yearly rent of dollars ($....), to be paid 

monthly in advance in equal installments, without demand 
therefor being made by the party of the first part. 

And provided, said party of the second part shall fail 
to pay said rent, or any part thereof, when it becomes due, 
it is agreed that said party of the first part may sue for 
the same, or re-enter said premises, or resort to any legal 
remedy. 

The party of the i)art agrees to pay all 

taxes to be assessed on said premises during said term .... 

The party of the second part covenants that at the ex- 



AND FIRE INSURANCE. 859 

piration of said term he will surrender iij) said premises 
to the party of the first part in as good condition as now, 
necessary wear and damage by the elements excepted. 

Witness the harids and seals of the said parties the day 
and year first above written. A. B. (seal.) 

C. D. (seal.) 

Signed, sealed and delivered in presence of 
* E. F. 
Cx. H. 

Note. Leases should be made in duplicate, one for each 
party. 

EXEMPTION AND HOMESTEAD LAWS. 

Homestead actually occupied as such to the amount of 
$500. 

Homestead exempt from attachment except for prior 
existing debts. Personal property exempt from attach- 
ment; household goods, one pair horses or oxen, one 
wagon, one set harness, one sleigh, necessary fodder for 
keeping one pair of horses or oxen, one cow, ten sheep, 
one hog; one sewing machine kept for use, and also wear- 
ing apparel. 

STATUTE LAW RELATING TO FENCES. 

Legal fence 41-2 feet high and in good repair. Owners 
of adjoining lands unless otherwise specified by deed, shall 
jointly maintain division fence. Land along highway must 
be legally fenced or person driving cattle, sheep, etc., along 
highway and exercising reasonable care shall not be liable 
for damages done by said cattle. 

All fences and disputes arising over fences are subject 
to the jurisdiction of the fence viewers of the town in 
which disputed fence is located. Board of fence viewers 
are elected annually by the voters of the town at the annual 



86o INSTRUCTION IN REAL ESTATE 

STATUTE LAWS RELATING TO LIMITATION. 

Suits to recover land must be brought within fifteen 
years after the right accrued to the claimant or his pre- 
decessors in title. 

DECEDENT'S DEBTS. 

Order of preference: i. Necessary funeral expenses. 
2. Expenses of last sickness. 3. Taxes. 4. Debts due 
the state. 5. Debts due the United States. 6. Debts 
due other creditors. Secured debts are entitled to exhaust 
the security. 

Time of payment allowed by probate court is generally 
one year, v/hich time may be extended provided that the 
whole time does not exceed three years. 

DISTRIBUTION OF PROPERTY WHEN NO WILL 

IS LEFT. 

A decedent's estate not disposed of by will or limited by 
marriage settlement after payment of debts and legal 
charges for settling, vests as follows : 

A widow, if there be issue, takes one-third of the realty 
in fee as dower, and if there be no issue, takes the first 
$2,000 and half the remainder. She is also allowed a home- 
stead of. $500, which is included in the one-third. Even 
if there be a will she may elect to take in lieu of what the 
will allows her. 

Dower exists only in realty of which the husband dies 
seized. So married women need not execute conveyance 
to bar dower, but it is necessay for married women to 
join in conveyance of homestead. 

The widow is entitled to her personal apparel and orna- 
ments, and such other part of the personal estate as the 
probate court assigns her, being not less than one-third 
after payment of the debts, funeral charges and expenses 
of administration. If the personal estate does not exceed 
three hundred dollars the probate court may assign the 



AND FIRE INSURANCE. 86l 

whole for the support of widow and minor children under 
seven years of age. 

If the husband leaves no issue, the widow is entitled to 
the whole of the estate if it does not exceed the sum of 
$2,000. If the estate exceeds that sum then the widow 
takes $2,000 and one-half of the remainder. 

There is also allowed and set off to the widow and 
minor children of the deceased a homestead of the value 
of five hundred dollars in the dwelling house, outbuildings 
and lands used in connection therewith. When a widow 
is- entitled to a homestead her one-third of the real estate 
is diminished by an amount equal to the homestead. 

A surviving husband has one-third in value of his de- 
ceased wife's realty in fee whether there be issue or not. 
If she leave no issue living he takes it all absolutely, if the 
estate does not exceed $2,000. If estate exceeds that sum 
he takes $2,000 and one-half the remainder. 

Subject to the rights above mentioned, realty descends 
and personalty is distributed as follows : 

Children share equally. If grandchildren alone, or if 
other descendant of any one degree of consanguinty alone 
take the estate, all share equally (per capita). If the de- 
scendants are of different degrees of consanguinty to the 
intestate, they share per stirpes ; that is the issue of a de- 
ceased child, grand child or other descendant taking the 
share the parent would if living. 

In default of issue, subject to the rights of the widow or 
surviving husband, if any, the estate goes to the deceased 
person's father and mother in equal shares (or to the one 
if the other be dead). 

Subject to the above, the brothers and sisters shall take 
the estate in equal shares, the children of a deceased 
brother or sister, nephew or niece taking the share of 
their parent. If there be no brothers or sisters but 
nephews and nieces, they shall share per capita. If there 
be no such brother, sister, or children or grandchildren 
thereof, the estate goes to the next of kin being the de- 



862 INSTRUCTION IN REAL ESTATE 

scendants of such brothers or sisters. Kindred of the half 
blood inherit equally with those of the whole blood in the 
same degree. Degrees of kindred are computed by civil 
law. 

In default of all persons above described, the real and 
personal estate will go to the next of kin in, equal degree, 
but no person can take per stirpes the share of such next 
of kin who has died. 

Realty and personalty, in default of known heirs or kin- 
dred, go to the widow or surviving husband absolutely, 
or, in default of these also, it escheats to the town for the 
use of schools. 

Descendants and relatives of an intestate begotten be- 
fore his death but born after, take as if born in his life- 
time. Nothing above set forth prevents an intestate in 
his lifetime advancing to a child part or all of his or her 
share. 

The foregoing does not apply to illegimates, but an ille- 
gitimate child takes from its mother, and mothers inherit 
the estates of such children. 

DISTRIBUTION OF PROPERTY BY WILL. 

Every person of sound mind twenty-one years old may 
dispose of his or her real or personal estate by will in 
writing, which shall be signed at the end thereof by him- 
self or by some person in his presence by his express direc- 
tion and attested by three or more credible witnesses in 
the presence of the testator and of each other. 

Personal estate may be bequeathed by nuncupative will, 
if the estate bequeathed does not exceed $200 but a mem- 
orandum of the will must be made, by a person present, 
at and within six days from the making of the will and 
must be presented for probate within six months from the 
death of the testator. 

The provisions respecting nuncupative wills do not pre- 
vent soldiers and sailors while in actual service from dis- 
posing of their wages or other personal estate as might 
otherwise be done. 



AND FIRE INSURANCE. S6;^ 

A devise of real estate to a person without referring to 
his heirs or using words of inheritance or perpetuity passes 
all the estate of the testator therein unless a contrary in- 
tent appear. The real estate acquired by a testator after 
making his will shall pass by a general devise, unless a 
contrary intention be manifest on the face of the will. If 
there be a devise or legacy in favor of a child or other 
relation to the testator, it shall not lapse or become void 
by reason of the devisee or legatee dying in the lifetime 
of the testator, provided such devisee or legatee leave 
issue surviving the testator, and in such case the issue 
will take the devise or legacy, unless a different disposi- 
tion is required by the will. If any person make a last will 
and testament, and afterwards have a child or children not 
provided for in such will, and die, such child shall share in the 
estate as if no will had been made whether such be born before 
or after his death unless it is apparent from the wifl that 
the testator intended to make no provision for such child. 
A husband may take what is given him under a wife's will, 
or if she die leaving no issue, he may take the same inter- 
est in her estate real and personal that he would be allowed 
under the intestate law^s. Wills take effect as if executed 
immediately before the testator's death, unless a contrary 
intent appear. 

NOTARY PUBLIC. 
Applicant must be a citizen. Appointment is made by 
two judges of the County Court. No fee required. Term 
of office lasts during the term of the appointing judges. 
Fees — Protest and notices, $i.oo; taking acknowledgments 
or administering oath, 25 cents. 

LAW CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 
Acknowledgments, made out of the state, of deeds, 
mortgages and other instruments concerning land for re- 
cording in Vermont, ma}^ be made ])cfore a notary public 



864 INSTRUCTION IN REAL ESTATE 

in this or any other country, or before any officer or magis- 
trate in the United States authorized to take acknowledg- 
ments by the local law, if certified agreeable to the laws 
of the states, province or kingdom in which said acknowl- 
edgment is taken, but if the officer be not a notary, a cer- 
tificate of his authority so to act must be added by the 
clerk of a local court of record. They may also be made 
in foreign countries before ambassadors or other United 
-States officers exercising ministerial functions, or before 
a commissioner appointed for that purpose by the gov- 
ernor of this state. 

VIRGINIA. 
STATUTE LAW RELATING TO DEEDS. 
Every deed, deed of trust, or mortgage is void as to sub- 
sequent purchasers for value and without notice until and 
except from the time it is duly admitted to record in the 
county where the property may be. Such conveyances are 
valid without witnesses and a scroll affixed by way of seal 
is sufficient. 

STATUTE LAWS RELATING TO MARRIED 
WOMEN. 
A married woman has virtually all the powders over her 
separate estate as if she were unmarried. In criminal 
cases husband and wife are allowed to testify in behalf of 
each other but neither can be compelled to testify against 
each other. Communications between husband and wife 
are privileged except in a prosecution for a crime com- 
mitted by one against the other. In civil matters husband 
and wife are competent to testify for or against each other, 
except for the purpose of establishing a fraudulent con- 
veyance from one to the other, and in cases where one of 
the parties to the contract, with either, is dead. 

WARRANTY DEED. 
Know all men by these presents : That in con- 
sideration of to paid by the receipt 



AND FIRE TNSITRANCE. 865 

whereof is hereby acknowledged, do hereby give, 

grant, bargain, sell and convey to the said heirs 

and assigns forever, the following described premises, sit- 
uate in the of county of .... and state of 

Virginia, to wit : and all the right, title and interest 

of the said , either in law or equity, in and to the 

said premises ; together with all the appurtenances to the 
same belonging, but subject to all legal highways. 

To have and to hold unto the said heirs and as- 
signs forever. 

And the said for and heirs, execu- 
tors and administrators, hereby covenant with the 

said heirs, and assigns that the true and 

lawful owner., of the said premises, and ha., full power 
to convey the same ; and that the title so conveyed is clear 

and unincumbered ; and further, that will 

warrant and defend the same against all claim or claims 
of all persons whomsoever. 

In w^itness whereof, the said who hereby re- 
lease. . right and expectancy of dower in the said prem- 
ises, ha . . hereunto set hand . . this day of 

in the year of our Lord 



Signed and acknowledged in the presence of 



State of Virginia, City of Lynchburg, to wit : 

I, , a notary public (or other proper officer) in 

and for the city and state aforesaid do certify that 

whose name is signed to the foregoing writing bearing date 

on the day of , 19.. has acknowledged the 

same before me in my city aforesaid. 

Given under my hand this day of , 19. . 

(Name and official character.) 



866 INSTRUCTION IN REAL ESTATE 

MORTGAGE FORM. 

This deed, made this day of in the year 

19.., between of ,- party of the first part, 

and of , party of the second part — Witness- 

eth, that the said party of the first part does grant unto 
the said party of the second part the following- property, 
to wit : 

In trust, to secure to the payment of the sum of 

dollars to him owing by said party of the first part 

(describe the notes given for the debt). 

In the event that default shall be made in the payment 
of either of the above mentioned notes, as they become 
due and payable, then the trustees, or either of them, on 
being required so to do by executors, administra- 
tors or assigns, shall sell the property hereby conveyed. 
And it is covenanted and agreed between the parties 
aforesaid, that in case of a sale the same shall be 
made after first advertising the time, place and terms 

thereof, for days, in some newspaper published in 

the city of , and upon the following terms, to wit : 

For cash as to so much of the proceeds as may be neces- 
sary to defray the expenses of executing this trust, includ- 
ing a commission to said trustee of five per cent, upon the 
gross amount of such sale, the fees for drawing and re- 
cording this deed, if then unpaid, and to discharge the 

amount of money then payable upon the said and 

if at the time of such sale any of the said shall 

not have become due and payable, and the purchase money 
be sufficient, such part or parts of the said purchase money 
as Avill be sufficient to pay ofif and discharge such remain- 
ing shall be made payable at such time or times as 

the said remaining will become due ; the payment of 

which part or parts shall be properly secured ; and in case 
tlie net proceeds of sale shall be insufficient to pay off all 
the said notes in full, then the same shall be applied towards 
the ])ayment-of the said notes, in order of their maturity, in- 
tending herel)y to create a priority in favor of each of 



AND FIRE INSURANCE. 867 

said notes over any other note which may become due 
and payable subsequent thereto ; and if there be any resi- 
due of said purchase money, the same shall be made pay- 
able at such time, and secured in such manner as the said 
party of the first part, his executors, administrators or 
assigns, shall prescribe and direct ; or in case of his or 
their failure to give such direction, at such time and in 
such manner as the said trustees, or either of them, shall 
think fit. The said party of the first part covenants to pay 
all taxes, assessments, dues and charges upon the said 
property hereby conveyed, so long as he or his heirs or 
assigns shall hold the same, and to keep the improvements 
upon the said property constantly insured in some good 
and responsible insurance company or companies in a sum 

not less than and hereby waives the benefit of 

homestead exemption as to the debt secured by 

this deed. 

If no default shall be made in the payment of either of 
the above mentioned notes, then, upon the request of the 
party of the first part, a good and sufficient deed of release 
shall be executed to him at his own proper cost and 
<!harges. 

Witness the following signature, and seal: 

Seal. 

Witness, 



State of Virginia, City of Lynchburg, to wit : 

I, , a notary public (or other proper officer) in 

and for the city and state aforesaid do certify that 

whose name is signed to the foregoing writing bearing 
date on the day of 19. . has acknowl- 
edged the same before me in my city aforesaid. 

Given under my hand this day of 19. . 

(Name and official character.) 



Note. No special form for married women. 



868 INSTRUCTION IN REAL ESTATE 

STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 

Every sale or the contract for the sale of goods and 
chattels, wherem the title is reserved until the purchase 
price is paid, and possession is delivered to the vendee, 
is void as to creditors of, and purchasers for value without 
notice from such vendee, unless the contract is evidenced 
by writing" executed by the vendor, and until the writing 
is admitted to record in the county where the goods are. 
But if the goods consists of locomotives, cars or rolling 
stock, or any personal property of a railroad the writing 
containing the conditions of the sale, must be recorded in 
the clerk's office of the county or corporation court where 
the principal office of the company operating the road is 
located ; or if the principal office of the company is in the 
corporate limits of the city of Richmond, it may be re- 
corded in the chancery court of that city: and a copy of 
the writing must be filed in the office of the board of 
public works, and all the articles so sold must be plainly 
marked with the name of the owner or vendor, on both 
sides, followed by the word ''owner." 

CHATTEL MORTGAGE. 

Know all men by these presents, that residing 

in county of state of , party of 

the first part, being justly indebted to , residing 

in , party of the second part, in the sum of 

dollars, which is hereby confessed and acknowledged, has, 
for the purpose of securing the payment of said debt, 
granted, bargained, sold and mortgaged, and by these 
presents does grant, bargain, sell and mortgage unto the 
said party of the second part, his heirs, executors, admin- 
istrators and assigns, all that certain ])ersonal property 
described as follows, to wit: (Describe it and state where 
it is and in whose possession) all of which property the 
party of the first part covenants is free and clear from all 



AND FIUR TNSTIRANrF., 869 

liens and encumlMMnces, (here mention Exemption, if 
any) and the said party of the first part for himself, his 
heirs, executors, and administrators, all a-nd singular, the 
goods, chattels and personal property above bargained and 
sold, unto the said party of the second part, his executors, 
administrators and assigns, against him the said party of 
the first part, and against all and every other person or 
persons, whomsoever, shall and will warrant and forever 
defend. 

To have and to hold, all and singular said goods, and 
chattels, unto the said party of the second part, his heirs, 
executors, administrators and assigns, forever; provided, 
always, and these presents are upon this express condition : 
That if the said party of the first part shall pay or cause to 
be paid unto the said party of the second part, his heirs 

or assigns, the sum of dollars, according to the 

conditions of two (or as the case may be) certain promis- 
sory notes, executed by payable to at 

. viz. $. . . . dated due with in- 
terest at per cent, per annum, until paid (or 

omitting all after "promissory notes" and inserting *'of 
which the following are copies" and then insert copies, 
or if the indebtedness is not represented by promissory 
notes, its character may be otherwise indicated.) Then 
these presents to be void and of no effect. And as long 
as the conditions of this mortgage are fulfilled, the said 
party of the first part is to remain in peaceful possession 
of said property, and in consideration thereof agrees to 
keep said property in as good condition as it now is, at the 
cost and expense of said first party. 

In witness whereof, the said party of the first part has 

hereunto set his hand and seal, this day of , 

A. D., 19. . 

(seal.) 

Signed and delivered in the presence of 



19 



870 INSTRUCTION IN REAL ESTATE 

Then personally appeared the above named and 

acknowledged the foregoing instrument to be free 

act and deed, before me 



BILL OF SALE FORM. 
Know all men, by these presents, that I, A. B., of 



in consideration of the sum of dollars to me in 

hand paid by C. D., of the same place, at and before the 
ensealing and delivering of these, presents, the receipt 
whereof I do hereby acknowledge, (or if the consideration 
be different state it,) have bargained, sold, released, 
granted, and confirmed, and by these presents, do bargain, 
sell, release, grant, and confirm, unto the said C. D., all the 
following goods, household stuff, and implements of house- 
hold, (or as the case may be) (here describe each article 
so it can be identified) now remaining and being (mention 
where they are) to have and to hold all and singular the said 
goods and chattels, etc., and every one of them, by these 
presents bargained, sold, released, granted, and confirmed, 
unto the said C. D., his heirs, executors, administrators, 
and assigns, to his and their only proper use and behalf 
forever. 

Witness my hand and seal, this fourth day of , 

A. D., 19.. 

Signed, sealed and delivered in presence of 

A. B. (Seal) 
E. G. 
A. R. 

STATUTE LAWS RELATING TO LANDLORD AND 

TENANT. 
Rents of all kinds may be recovered by distress or ac- 
tion. The distress may 1)e levied on any goods of the 
lessees or his assignee or under tenant, found on the prem- 
ises, or which may be removed therefrom not more than 
thirty days. It may be distrained for within five years 



AND FIRE INSURANCE. 87I 

from the time It becomes due, and not afterwards, whether 
the lease is ended or not. Where a landlord or any one 
engaged in the cultivation of land, makes any advances in 
money or supplies he shall have a lien to the extent of the 
advances on the crops ; and he has the same remedies for 
the enforcement of the lien as he would when the debt is 
due, and by attachment when it is not due and the tenant 
is removing or intends to remove the crops from the prem- 
ises. Any tenancy from year to year may be terminated 
by either party giving notice in writing prior to the end of 
any year, for three months if land in a town or city, or six 
months if of land without a town or city, of. his intention 
to terminate the lease ; but no notice is necessary, where, 
by special agreement no notice is to be given, or when the 
term is to end at a certain time. 

FORM OF NOTICE TO QUIT. 

Lynchburg, Va., , 19. . 

To 

You are hereby notified that the rent of the 

now occupied by you, situated in the city of Lynchburg, 

on streets, is now due and is required to be paid 

within five days from the service of this notice, and in 
default thereof, your right to the possession of said prem- 
ises will be forfeited and that you will be required to vacate 
the property. 

Respectfully, 



By , agents. 

LEASE FORM. 

This indenture made and executed this day of 

A. D., 19. ., between of , of the 

first part, and of ; of the second part, 

witnesseth that in consideration of the rents and covenants 
hereinafter expressed, the said party of the first part has 
demised and leased, and does hereby demise and lease to 



872 INSTRUCTION IN REAL ESTATE 

the said party of the second part the following 

premises, viz. : (describe them) Avith the privileges and 

appurtenances, for and during a term of from the 

day of , 19. •, which term will end 

And the said party of the second part covenants that he 
Avill pay to the party of the first part, for the use of said 

premises, the yearly rent of dollars ($ ), 

to be paid monthly in advance in equal installments, with- 
out demand therefor being made by the party of the first 
part. 

And provided, said party of the second part shall fail to 
pay said rent, or any part thereof, Avhen it becomes due, 
it is agreed that said party of the first part may sue for the 
same, or re-enter said premises, or resort to any legal 
remedy. 

The party of the part agrees to pay all 

taxes to be assessed on said premises during said term .... 

The party of the second part covenants that at the ex- 
piration of said term he will surrender up said premises to 
the party of the first part in as good condition as now, 
necessary wear and damage by the elements excepted. 

Witness the hands and seals of the said parties the day 
and year first above written. 

A. B. (seal). 
C D. (seal). 

Signed, sealed and delivered in presence of 
E. R, 
G. H. 

Note. Leases should be made in duplicate, one for each 
party. 

EXEMPTION AND HOMESTEAD LAWS. 
Householders residing in this state are entitled to hold 
exempt from levy, seizure, garnishment or sale under any 
process for any debt or liability on contract, his real ov 
personal estate, to l)e selected by him, including money, 
debts due him, to the value of not exceeding two thousand 



AND FIRE INSURANCE. 873 

dollars ; but he is not entitled to such exemptions in the 
following cases : First, for the purchase price of the estate 
or any part thereof ; second, for services rendered by a 
laboring man or a mechanic ; third, for liabilities incurred 
by any public officer, officer of a court, fiduciary, or by any 
attorney at law for money collected by him ; fourth, for any 
lawful claim for any taxes, levies or assessments ; fifth, for 
rent ; sixth, for the legal or taxable fees of any public 
officer, or officer of a court; seventh, for any debt or lia- 
bility on contract wdierein the debtor has waived the bene- 
fit of his homestead. 

In addition to the two thousand dollars worth of prop- 
erty every householder is entitled to hold there is certain 
poor law property consisting- of certain specific articles 
necessarily used by housekeepers, farmers, mechanics and 
laborers, amounting in value to about five hundred dollars, 
which cannot be sold for anything except the purchase 
price of the articles and taxes. No deed of trust or mort- 
gage or bill of sale of such property is of any validity. 
And under the poor law exemption the wages of a laboring 
man under fifty dollars per month are exempt from levy, 
distress or garnishment. 

STATUTE LAW RELATING TO FENCES. 
Where two or more persons have land adjoining each 
of them must make and maintain a just proportion of the 
fence, unless the owner of the adjoining lands shall choose 
to let such land lie open. And Avhere a person has let his 
land lie open and he afterwards incloses it, he must refund 
to the owner of the adjoining land a just proportion of the 
value of the fence made by the adjoining owner. If the 
owners themselves cannot agree upon the value they may 
select three disinterested persons, and if they cannot agree, 
then either party may move the county court to appoint 
three suitable persons, after reasonable notice lo the other. 
The decision of the arbitrators must be in writing and 
contain a description of the fence and be recorded in the 



8/4 INSTRUCTION IN REAL ESTATE 

clerk's office of the county court. Fences to be lawful 
must be five feet high, and so that no horse, cow, sheep, 
mule, hog or goat can creep through. Many of the coun- 
ties have special fence laws. The board of supervisors of 
each county has the right to declare the boundary lines of 
each lot or tract of land, or any other natural or designated 
line in the county, or in any magisterial district, or in any 
selected portion of the district, to be a lawful fence, after 
six months from such action of the board. And when the 
action is taken the boundary lines of every person's land 
become a lawful fence, and any entry of animals, such as 
horses, mules, cattle, sheep, hogs and goats, upon such 
lands lays the owner liable for damages and for a fine. 
Hence every man must fence his stock in. 

STATUTE LAWS RELATING TO LIMITATION. 

No person after fifteen years from the time the right of 
action accrued to him or those under whom he claims, can 
recover land lying east of the Alleghany mountains and ten 
years west. And no continual claim upon or near the land 
will preserve a right of action. No color of title is neces- 
sary where a person has held actual, exclusive, open and 
notorious possession for fifteen years east, and ten years 
west of the Alleghany mountains. All contracts in writing 
signed by the party to be charged, but not under seal, must 
be brought within five years. Actions must be brought on 
all oral contracts within three years, except for articles 
charged in a store account. 

DECEDENT'S DEBTS. 
Decedent's debts are payable first out of personalty, then 
realty. When the assets of the decedent in the hands of 
his personal representative, after the payment of funeral 
expenses and charges of administration, are not sufficient 
for the satisfaction of all demands against him they shall 
be applied: i. To claims of physicians not exceeding fifty 
dollars for services rendered during the last illness of the 



AND FIRR INSURANCE. 875 

decedent, and accounts of druggists not exceeding tlie 
same amount for articles furnished during the same period. 
2. To debts due the United States and this state. 3. To 
taxes and levies assessed against the decedent previous to 
his death. 4. To debts due as trustee for persons under 
disabilities, as personal representative, guardian or com- 
mittee where qualifications was in this state, in which 
class of debts is included a debt for money received by a 
husband acting as such fiduciary in right of his wife. 5. 
To voluntary obligations. 6. To all other demands. 

Payment cannot be enforced for a period of one year 
from the decedent's death. The statute of limitations is 
in abeyance during that period. If right of action has 
accrued at the time of the decedent's death the right to 
bring an action against the estate shall not in any case 
continue longer than five years from qualification of the 
personal representative, or if the right of action has not 
accrued at the time of decedent's death, it shall not con- 
tinue longer than five years after it has accrued. This 
does not afifect the rights of judgment creditors. 

DISTRIBUTION OF PROPERTY WHEN NO WILL 

IS LEFT. 
The real estate of an intestate descends in parcenary to 
his kindred in the following course: i. To his children and 
their descendants. 2. If there be no child, nor the descen- 
dant of any child, then to his father. 3. If there be no fa- 
ther, then to his mother, sisters and brothers and their de- 
scendants. 4. If there be no mother nor brother nor sister 
nor any descendant of either, then one-half shall go to the 
paternal and the other half to the maternal kindred in the 
following course. 5. First to the grandfather. 6. If none, 
then to the grandmother, uncles and aunts on the same 
side and their descendants. 7. If none such, then to the 
great grandfathers or great grandfather, if there be one. 
8. If none then to the great grand mothers, or great grand- 
mother, if there be but one, and the brothers and sisters 



8/6 TN^TRTTCTTON TN REAT. ESTATE 

of tlie grandfathers and grandmothers, and their descen- 
dants. 9. And so on, passing- to the nearest lineal female 
ancestors in the same degree, and the descendants of such 
male and female ancestors. 10. If there be no father, mother, 
brother or sister nor any descendant of either, nor any pa- 
ternal kindred, the whole shall go to the maternal kindred ; 
and if there be no maternal kindred, the whole shall go to 
the paternal kindred. If there be no maternal or paternal 
kindred, the whole shall go to the husband and wife of the 
intestate ; or if the husband or wife be dead, to his or her 
kindred in the like course as if such husband or wife had 
survived the intestate and died entitled to the estate. 

Collaterals of the half blood inherit only half as much as 
those of the whole blood ; but if all the collaterals are of 
the half blood the ascending kindred take double portions. 

Those in same class and degree take per capita, or by 
persons ; and where a part of them being dead and a part 
living, the issue of tho§e dead have a right to partition, 
such issue take per stirpes, that is to say, the shares of 
their deceased parents ; but whenever those entitled to 
partition are all in the same degree of kindred to the intes- 
tate, they take per capita. 

Bastards are capable of inheriting and transmitting in- 
heritance on the part of their mother as if lawfully begot- 
ten. Subsequent marriage of parents legitimizes offspring. 
Posthumous children born within ten months of death of 
intestate inherits as if in being at the time of his death. 

Personal estate of intestate follows the course of dece- 
dents and that of an infant is distributed as if he were an 
adult. Husband takes all of personal estate of his deceased 
wife, and wife takes one-third of the personalty of her 
deceased husband, if he leave children by her or by a 
former marriage. A widow takes one-third of her hus- 
band's real estate for life and husband takes all of his wife's 
real estate for life. The state takes all the personal estate 
of every decedent, of wliich there is no other distributee. 
If husband makes provision for his wife 1)}^ will, she cannot 



AND FIRE INSURANCE. 8/7 

take dower or her share of the personal estate unless she 
records her renunciation of the provision within one year 
from the time of the admission of the will- to probate. 

DISTRIBUTION OF PROPERTY BY WILL. 

Every person of sound mind 21 3^ears of age may dispose 
of his or her real or personal estate by will in writing, 
signed by the testator, or by some other person in his 
presence and by his direction, in such manner as to make it 
manifest that the name is intended as a signature, and un- 
less the will is wholly in the handwriting of the testator 
the signature must be made by him, or the will acknowl- 
edged in the presence of at least two competent witnesses, 
present at the same time, and such witnesses must sub- 
scribe to the will in the presence of the testator, but no 
form of attestation is necessary. Minors eighteen years of 
age or upwards may, by will, dispose of their personal 
estate. Codicils must be executed in like manner as the 
original will. Will of non-resident will pass title to per- 
sonal property if executed according to the laws of the 
place where the testator is domiciled. Soldiers and sea- 
men in active service may dispose of personalty by noncu- 
pative will, that is by word of mouth. 

Every will made by a man or woman is revoked by his 
or her marriage, except a will made in the exercise of a 
power of appointment. A will or codicil once revoked can 
only be revived by re-execution. Wills are construed, 
with reference to real or personal estate comprised in it, to 
speak and take effect as if they had been executed imme- 
diately before the death of the testators, unless a contrary 
intention appears in the will themselves. Where a devise 
is made and no limitation is mentioned, a fee simple is 
presumed. 

If a devisee or legatee die before the testator, leaving 
issue who survive the testator such issue takes the estate 
devised or bequeathed as the devisee or legatee would have 



878 INSTRUCTION IN REAL ESTATE 

done if he had survived the testator unless a different dis- 
position thereof be made or required by the will. 

If a will be made when the testator has a child living and 
a child be born afterwards, not mentioned in the will, such 
after born child takes such portion of the testator's estate 
as he would have taken if there had been no will, and the 
devisees and legatees are required to contribute ratably 
toward this fund. 

If a testator makes a will when he has no child living and 
one be born afterwards, and no mention is made of the 
child in the will, the devises and bequests are construed 
as if they had been limited to take effect, in the event that 
the child should die under the age of twenty-one years, un- 
married and without issue. 

Devisees and legatees are competent witnesses of a will, 
but the devises or bequests to such witness are void, un- 
less they would have an interest in the estate if the will 
were not established, in which case their shares are saved 
to them not to exceed the value of what is devised or be- 
queathed to them. 

Executors, creditors and wives or husbands of creditors 
are competent witnesses for or against a will. 

A circuit, county or corporation court may admit a will 
to probate, and hear controversies regarding them. A 
final order of such a court in a probate proceeding has the 
effect of a judgment at law and can only be attacked In 
equity as other judgment. 

NOTARY PUBLIC. 

Applicant must be a citizen. Application should be 
made to the Secretary of State. Appointment is made l)y 
the Governor. A fee of $3.00 and a bond are required. 
Term of office, four years. 

Pees — Protesting, recording and notice to one person 
besides the maker or acceptor $1.00; each additional notice 
25 cents; taking acknowledgments 50 cents; administer- 
ing oaths 25 cents. 



AND FIRE INSURANCE. 879 

LAW CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 
The court of any county or corporation, in which any 
writing is to be recorded, or the clerk of the court in his 
office, shall admit to record any such writing as to any 
person whose name is signed thereto, when it shall have 
been acknowledged by him or proved by two witnesses as 
to him in such court or before the clerk in his office. When 
any such writing is signed by a person on behalf of another 
or in a representative capacity, it is necessary that a certifi- 
cate of acknowledgment be annexed to the writing, but 
it is not necessary that the certificate express that it was 
made in behalf or by authority of such other person, or was 
in a representative capacity. Such court or clerk shall 
also admit any such writing to record as to any person 
whose name is signed thereto, upon a certificate of ac- 
knowledgment written on or annexed to it, made before 
the said clerk, or before the clerk of any court of record 
in this state, or out of the state, but within the United 
States, or before a justice, a commissioner in chancery, or 
notary within the United States, or before any commis- 
sioner appointed by the governor within the United States, 
or upon the certificate of any clerk of a court of record in 
the state or out of the state and within the United States 
that the writing was proved as to him by two witnesses 
before the clerk, or before the court of which he is clerk, 
or upon the certificate under the official seal of any ambas- 
sador, minister plenipotentiary, minister resident, charge 
d'afifairs, consul general, consul, vice-consul, or commercial 
agent appointed by the government of the United States 
to any foreign country, or of the proper officer of any court 
of such country, or of the mayor, or other chief magistrate 
of any city, or town, or corporation therein, that the said 
writing was acknowledged by such person or proved as 
to him by two witnesses before any person having such 
appointment, or before such court or mayor or chief mag- 
istrate. 



88o TNSTRITCTTON IN REAL ESTATE 

WASHINGTON. 

STATUTE LAW RELATING TO DEEDS. 

All deeds and mortgag-es shall be recorded in the office 
of the county clerk of the county where the land is situated 
and shall be valid as against bona fide purchasers, from the 
date of their filing or recording in said office ; and when 
so filed or recorded shall be notice to all the world. Not 
necessary to use seal. The use of private seals upon all 
deeds, mortgages, leases, bonds and other instruments and 
contracts, in writing, is abolished. They are valid without 
witnesses, but two are usual. Husband may give, grant, 
sell or convey directly to his wife and wife to her husband, 
his or her community property. 

Every married person have the same right and liberty to 
acquire, hold, enjoy and dispose of every species of prop- 
erty, and to sue and be sued, as if he or she were tmmar- 
ried. First deed recorded conveys title. No time set for 
recording. 

STATUTE LAWS RELATING TO MARRIED 
WOMEN. 
Every married person shall have the same right and 
liberty to acquire, hold, enjoy and dispose of every species 
of property, and sue and be sued, as if he or she were 
unmarried. Contract may be made by wife and liabilities 
incurred and the same may be enforced by or against her 
to the same extent and in the same manner as if she were 
unmarried. 

WARRANTY DEED. 
^ Know all men by these presents : That in con- 
sideration of to paid by the 

receipt whereof is hereby acknowledged, do 

hereby give, grant, bargain, sell and convey to the said 

heirs and assigns forever, the following described 

])remises, situate in the of county of 

and state of Washington, to wit : and all the right, 



AND FIRE INSURANCR. 8oT 

title and interest of the said either in law or 

equity, in and to the said premises ; together with all the 
appurtenances to the same belonging, but subject to all 
legal highways. 

To have and to hold the same unto the said 

heirs and assigns forever. 

And the said for and . heirs, 

executors and administrators, hereby covenant 

with the said heirs and assigns that the 

true and lawful owner of the said premises, and 

ha., full power to convey the same; and that the title so 

conveyed is clear and unincumbered ; and further, 

that will warrant and defend the same against all 

claim or claims of all persons whomsoever. 

In witness whereof, the said who hereby re- 
lease. . right and expectancy of dower in the said premises, 

ha. . hereunto set hand this 

day of in the year of our Lord, 



Signed and acknowledged in the presence of 



The State of AVashington, County. 

I, (here insert name and official character of the officer 
taking the acknowledgment) in and for said county in said 

state, hereby certify that on this day of 

19. ., personally appeared before me (name of grantor, and 
if acknowledged by wife, her name, and add ''his wife"), to 

me known to be the individual described in and 

who executed the within instrument, and acknowledged 
that he (she or they) signed and sealed the same as his 
(her or their) free and voluntary act and deed, for the uses 
and purposes therein mentioned. 

Given under my hand and official seal this day 

of A. D 19.. 

(Name and official character.) 



882 INSTRUCTION IN REAL ESTATE 

MORTGAGE FORM. 

The mortgagor (here insert name or names) mortgages 
to (here insert name or names of mortgagee or mortga- 
gees) to secure the payment of (here recite the nature and 
amount of indebtedness, showing when due, rate of inter- 
est, and whether secured by note or not), the following 
described real estate (here insert description,) situate in 
the county of , state of Washington. 

Dated this day of , 19 . . 

In witness whereof, the said A. B has hereunto 

set his hand and seal this day of in the 

year of our Lord 

A. B. (seal.) 

Signed and acknowledged in presence of 
E. F. 
G. H. 
The State of Washington, County. 

I, (here insert name and official character of the officer 
taking the acknowledgment) in and for said county in said 

state, hereby certify that on this day of 

19. ., personally appeared before me (name of grantor, and 
if acknowledged by wife, her name, and add ''his wife"), to 

me known to be the individual described in and 

who executed the within instrument, and acknowledged 
that he (she or they) signed and sealed the same as his 
(her or their) free and voluntary act and deed, for the uses 
and purposes therein mentioned. 

Given under my hand and official seal this day 

of A. D 19.. 

(Name and official character.) 

STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 
Chattel mortgages must be recorded and may be made 
upon all kinds of personal property. A chattel mortgage 
must be filed for record within ten days and must be ac- 
companied by the affidavit of the mortgagor, that it is 



AND FIRE INSURANCE. 883 

made in good faith, and without any design to hinder, de- 
lay, or defraud creditors, and must be acknowledged as in 
the conveyance of real property. 

CHATTEL MORTGAGE. 

Know all men by these presents, that residing 

in county of state of , party of 

the first part, being justly indebted to , residing 

in , party of the second part, in the sum of 

dollars, which is hereby confessed and acknowledged, has 
for the purpose of securing the payment of said debt, 
granted, bargained, sold and mortgaged, and by these 
presents does grant, bargain, sell and mortgage unto the 
said party of the second part, his heirs, executors, admin- 
istrators and assigns, all that certain personal property 
described as follows, to wit: (Describe it and state where 
it is and in whose possession), all of which property the 
party of the first part covenants is free and clear from all 
liens and encumbrances, (here mention Exemptions, if 
any) and the said party of the first part for himself, his 
heirs, executors, and administrators, all and singular, the 
goods, chattels and personal property above bargained and 
sold, unto the said party of the second part, his executors, 
administrators and assigns, against him the said party of 
the first part, and against all and every other person or 
persons, whomsoever, shall and will warrant and forever 
defend. 

To have and to hold, all and singular said goods, and 
chattels, unto the said party of the second part his heirs, 
executors, administrators and assigns, forever ; provided, 
always, and these presents are upon this express condition : 
That if the said party of the first part shall pay or cause to 
be paid unto the said party of the second part, his heirs or 
assigns, the sum of dollars, according to the con- 
ditions of two (or as the case may be) certain promissory 

notes, executed by paya1)le to at 

viz. $ dated due with interest 



884 INSTRUCTION IN REAL ESTATE 

at per cent, per annum, until paid (or omitting 

all after "promissory notes" and inserting "of which the 
following are copies" and then insert copies, or if the in- 
debtedness is not represented by promissory notes, its 
character may be otherwise indicated.) Then these pres- 
ents to be void and of no effect. And as long as the con- 
ditions of this mortgage are fulfilled, the said party of the 
first part is to remain in peaceful possession of said prop- 
erty, and in consideration thereof agrees to keep said 
property in as good condition as it now is, at the cost and 
expense of said first party. 

In w^itness whereof, the said party of the first part has 

hereunto set his hand and seal, this day of 

A. D., 19.. 

(seal.) . . 

Signed and delivered in the presence of 

19.. 

The personally appeared the above named and 

acknowledged the foregoing instrument to be free 

act and deed, before me. 

Note. — Add affidavit of mortgagor. 

STATUTE LAW RELATING TO BILL OF SALE. 

Bill of sale is good between the parties thereto, but not 
as to third parties, such as creditors of the sellor, if he 
retain possession, unless the same is recorded within ten 
days. 

BILL OF SALE FORM. 

Know all men, by these presents, that I, A. B., of , 

in consideration of the sum of dollars to me in 

hand paid by C. D., of the same place, at and before the 
ensealing and delivering of these presents, the receipt 
whereof I do hereby acknowledge, (or if the consideration 
1)e different state it,) have bargained, sold, released, 
granted, and confirmed, and by these presents, do bargain, 



AND FIRE INSURANCE. 885 

sell, release, grant, and confirm, unto the said C. D., all the 
following goods, household stuff, and implements of house- 
hold, (or as the case may be) (here describe each article 
so it can be identified) now remaining and being (mention 
where they are) to have and to hold all and singular the said 
goods and chattels, etc., and every one of them, by these 
presents bargained, sold, released, granted, and confirmed, 
unto the said C. D., his heirs, executors, administrators, 
and assigns, to his and their only proper use and behalf 
forever. 

Witness my hand and seal, this fourth day of , 

A. D., 19.. 

Signed, sealed and delivered in presence of 
E. G. 
A. R. 

A. B. (seal) 

STATUTE LAW RELATING TO LANDLORD AND 

TENANT. 

For rents accrued or accruing every landlord has a pre- 
ferred lien upon the crops grown or growing upon the 
demised lands. Tenancies from year to year are abolished, 
except when created by express written contract. Leases 
for less than one year are valid without acknowledgment. 
When premises are rented for a specified time, by express 
or implied contract, the tenancy shall be deemed terminated 
at the end of the specified time. Tenancy by sufference, 
which is the possession of premises without the consent 
of the owner or other person having the right to the pos- 
session, is terminated on demand. Tenancy from month 
to month or from period to period, can be terminated by 
written notice of thirty days or more preceding the end of 
any month or period, given by either party to the other. 

One claiming benefit of lien above mentioned must file 
his claim of lien with the county auditor within forty days 
after the exi)iration of the term of lease. The lien may be 
foreclosed and enforced in the same manner as a mortgage. 



886 INSTRUCTION IN REAL ESTATE 

LEASE FORM. 

Tliis indenture made and executed this day of 

A. D., 19. ., between of , of the 

first part, and of , of the se<:ond part, 

witnesseth that in consideration of the rents and covenants 
hereinafter expressed, the said party of the first part has 
demised and leased, and does hereby demise and lease to 

the said party of the second part the following 

premises, viz. : (describe them) with the privileges and 

appurtenances, for and during a term of from the 

day of 19. ., which term will end. . . . 

And the said party of the second part covenants that he 
will pay to the party of the first part, for the use of said 

premises, the yearly rent of dollars ($ ), 

to be paid monthly in advance in equal installments, with- 
out demand therefor being made by the party of the first 
part. 

And provided, said party of the second part shall fail to 
pay said rent, or any part thereof, when it becomes due, it 
is agreed that said party of the first part may sue for the 
same, or re-enter said premises, or resort to any legal 
remedy. 

The party of the part agrees to pay all 

taxes to be assessed on said premises during said term. . . . 

The party of the second part covenants that at the ex- 
piration of said term he will surrender up said premises to 
the party of the first part in as good condition as now% 
necessary wear and damage by the elements excepted. 

Witness the hands and seals of the said parties the day 
and year first above written. 

A. B. (seal). 
C. D. (seal). 

Signed, sealed and delivered in presence of 
E. F., 
G. H. 

Note. Leases should be made in duplicate, one for each 



AND FIRE INSURANCE. 887 

party. If for more than one year have lease acknowledged 
and recorded. 

STATUTE LAW RELATING TO FENCES. 

A land owner need not fence against hogs or sheep. 
Otherwise lawful fences are necessary for the protection 
of one's premises. Worm fences five feet high, post and 
rail or board (five rails or four boards) ditch fences and 
pole fences, and mixed barbed wire and board or rail 
fences, are lawful fences. The owners of trespassing ani- 
mals are liable for damages. 

EXEMPTION AND HOMESTEAD LAWS. 

Homestead may be selected and claimed by heads of 
families, in lands and tenements with the improvements 
thereon, not exceeding in value the sum of two thousand 
dollars. In addition to homestead exemption, there is ex- 
empt to every householder in the state of Washington 
personal property to the amount and value of one thousand 
dollars. Exemption does not apply as against claims for 
clerk's, laborer's or mechanic's wages- earned in the state, 
nor as against a claim against an attorney or agent with 
respect to money coming into his hands from or belonging 
to his client or principal. 

STATUTE LAWS RELATING TO LIMITATION. 

Suits to recover land must be brought Avithin ten years 
after the right accrued to the claimant or his predecessors 
in title. 

An action upon a judgment, contract in writing, or for 
the rents and profits of real estate, may be commenced 
within six years ; for the recovery of real estate sold under 
probate proceedings, within five years ; for waste or tres- 
pass upon real property, for injury to or recovery of per- 
sonal property, upon a contract not in writing within three 
years. 



888 INSTRUCTION IN REAL ESTATE 

STATUTE LAW RELATING TO IRRIGATION. 

Subject to many and varied provisos, water for irriga- 
tion purposes may be appropriated from the natural 
streams and lakes of the state of Washington. Riparian 
owners are entitled to unappropriated waters. Non- 
riparian owners may take the surplus water of streams or 
lakes. Right-of-way across the lands of others for irriga- 
tion ditches, may be had, by condemnation if necessary. 
Each county or a portion thereof may be organized into an 
irrigation district and such district may be again dissolved 
by compliance with statutory provisions therefor relative 
to financial obligations, manner of dissolution, etc. Rail- 
road corporations may build, own and operate ditches and 
canals for irrigating and reclaiming arid lands contiguous 
to or tributary to their lines of railway. 

DECEDENT'S DEBTS. 
Order of preference: i. Funeral expenses. 2. Ex- 
penses of last sickness. 3. Debts having preference by the 
laws of the United States. 4. Taxes or any dues to the 
state. 5. Judgments rendered against deceased in his 
lifetime on which execution may have issued at the time of 
his death, and mortgages in the order of their date. 6. All 
other demands against the estate. 

DISTRIBUTION OF PROPERTY WHEN NO WILL 

IS LEFT. 
When any person shall die seized of any lands, tene- 
ments or hereditaments or any right thereto entitled to any 
interest therein, in fee simple for the life of another, not 
having devised the same, they shall descend subject to the 
debts as follows : i. If the decedent leaves a surviving hus- 
band or wife and only one child, or lawful issue of one child, 
in equal shares to the surviving husband or wife and child 
or issue of such child. If decedent leaves a surviving hus- 
ban or wife and more than one child one-third to the sur- 
\iving luisl)an(l or wife, and the remainder in c(|ual shares 



AND FIRE INSURANCE. 889 

to his children and the lawful issue of any deceased child by 
right of representation. If there be no child of the decedent 
living at the death, the remainder goes to all his lineal 
descendants, and if all the descendants are in the same 
degree of kindred to the decedent, they shall equally share, 
otherwise they take according to the right of representa- 
tion. 

2. If the decedent leaves no issue the estate goes in 
equal shares to the surviving husband or wife, and to the 
decedent's father and mother, if both survive. If there be 
no father nor mother, then one-half goes in equal shares to 
the brothers and sisters of the decedent and to the children 
of any deceased brothers or sisters of the decedent and to 
the children of any deceased brother or sister, by right of 
representation. If the decedent leaves no issue, nor hus- 
band nor wife, the estate must go to his father and mother. 

3. If there be no issue, nor husband, nor wife, nor father 
nor mother, then in equal shares to the brothers and sisters 
of the decedent, and to the children of any deceased brother 
or sister, by right of representation. 

4. If the decedent leaves a surviving husband or wife 
and no issue and no father or mother, nor brother, nor 
sister, the whole estate goes to the surviving husband or 
wife. 

5. If the decedent leaves no issue, nor husband, nor 
wife, and no father nor mother, nor brother, nor sister, the 
estate must go to the next of kin, in equal degrees, except- 
ing that when there are two or more collateral kindred in 
equal degree, but claiming through ancestors, those who 
claimed through the nearest ancestor must be preferred to 
those claiming through an ancestor more remote. 

6. If the decedent leaves several children or one child 
and the issue of one or more other children and any such 
surviving child dies under age and not having been mar- 
ried, all the estate that comes to the deceased child by in- 
heritance from such decedent, descends in equal shares to 
the other children of the same parent, and to the issue of 



890 INSTRUCTION IN REAL ESTATE 

any such other children who are dead, by right of represen- 
tation. 

7. If at the death of such child, who dies under age, not 
having been married, all the other children, if his parents 
are also dead, and any of them have left issue, the estate 
that came to such child by inheritance from his parents, 
descends to the issue of all other children of the same 
parent ; and if all the issues are in the same degree of kin- 
dred to the child, they share the estate equally, otherwise 
they take according to the right of representation. 

8. If the decedent leaves no husband, wife or kindred, 
the estate escheats to the state, for the support of common 
schools, in the county in which the decedent resided during 
lifetime, or where the estate may be situated. 

Upon the death of either husband or wife, one-half of 
the community property shall go to the survivor, subject 
to the community debts, and the other half shall be subject 
to the testamentary disposition of the deceased husband 
or wife, subject also to the community debts. In case no 
testamentary disposition shall have been made by the de- 
ceased husband or wife, of his or her half of the commu- 
nity property, it shall descend equally to the legitimate 
issue of his, her or their bodies. If there be no issue of 
said deceased living or of none of their representatives 
living, then the said community property shall all pass to 
the survivors, to the exclusion of collateral heirs, subject 
to the community debts, the family allowance and the 
charges and expenses of administration. 

Every illegitimate child shall be considered as an heir to 
the person who shall in writing, signed in the presence of 
a competent witness, have acknowledged himself to be the 
father of such child, and shall in all cases be considered as 
heir of his mother, and shall inherit his or her estate in 
whole or in part, as the case may be, in the same manner 
as if he had been born in lawful wedlock ; but he shall not 
be allowed to claim, as representing his father or mother, 
any part of the estate of his or her kindred, either lineal or 



AND FTRE INSURANCE. 89I 

collateral, unless before his death his parents shall have 
intermarried, and his father, after such marriage, shall have 
acknowledged him as aforesaid, and adopted him in his 
family, in which case, such child and the legitimate child- 
ren shall be considered as brothers and sisters, and on the 
death of either of them intestate and without issue, the 
other shall inherit his estate, and he theirs, as heretofore 
provided in like manner, as if all the children had been 
legitimate, saving to the father and mother respectively 
their rights in the estates of all the said children, as pro- 
vided heretofore in like manner, as if all had been legiti- 
mate. The degree of kindred shall be computed according 
to the rules of the civil law, and the kindred of half blood 
shall inherit equally with those of the whole blood in the 
same degree. If any illegitimate child die intestate, w^ith- 
out lawful issue, his estate shall descend to his mother, in 
case of her decease, to her heirs at law. 

DISTRIBUTION OF PROPERTY BY WILL. 
Ever}' person who shall attain the age of majority, of 
sound mind, may by last will devise all his or her real and 
personal estate, which shall be in writing signed by the 
testator or testatrix, or by some other person under his or 
her direction in his presence and shall be attested by two 
or more competent witnesses, subscribing their names to 
the will in the presence of the testator. Every person 
signing the testator's name to any will by his or her direc- 
tion, shall sign his own name as witness, and state that he 
subscribed the testator's name at his request. When one 
of the witnesses to will shall be examined and other 
witnesses are dead, insane, or their residence unknown, 
then such proof shall be taken of the handwriting of the 
testator and witnesses dead, insane or residence unknown, 
and of such other circumstances as would be sufficient to 
prove such will. Testimony adduced in support of the will 
shall be reduced to writing and signed by the witnesses and 
certified by the judge of the superior court. 



9>g2 IXSTlUJCTION IN RRAL ESTATE 

No nuncupative will shall be good when the estate be- 
queathed exceeds two hundred dollars ($200.), unless the 
same be proven by two witnesses, who were present at the 
making thereof, and it be proven that the testator, at the 
time of pronouncing the same, did bid some persons pres- 
ent to bear witness that such was his will, or to that effect. 
and that such nuncupative will was made at the time of 
the last sickness, and at the dwelling house of the deceased, 
or where he had been residing for the space of ten (10) 
days or more, except where such person was taken sick 
from home and died, before his return. Mariners at sea or 
soldiers in the military service may dispose of their wages 
or other personal property by nuncupative will. 

Any estate, rights or interests in lands acquired by the 
testator after the making of his will or her will, shall pass 
thereby, and in like manner as if passed at the time of mak- 
ing the will, if such shall manifestly appear by the will to 
have been the intention of the testator. 

If after making any will, the testator shall marry and 
the wife shall be living at the time of the death of the tes- 
tator, such will shall be deemed revoked, unless provision 
shall have been made for her by marriage settlement, or 
unless she be provided for in the will, or in such way men- 
tioned therein as to show an intention not to make such 
provision, and no other evidence to rebut the presumption 
of revocation shall be received. 

If any person make his last will and die, leaving a child 
or children or descendants of child or children, in case of 
their death, not married or provided for, in such will, al- 
though born after making of such will, or the death of the 
testator, every such testator so far as he shall regard such 
child or children or their descendants, not provided for, 
shall be deemed to die intestate, and such child or children 
or their descendants shall be entitled to such proportion of 
the estate of the testator, real and personal, as if he died 
intestate, and the same shall be assigned to them, and all 



AND FIRE INSURANCE. 893 

of the heirs, devisees or legatees shall refund their 
proportional part. 

NOTARY PUBLIC. " 
Applicant must be a voter. Application endorsed by 20 
freeholders, should be sent to the Secretary of State. Ap- 
pointment is made by the Governor. A fee of $10. and a 
bond for $1,000. are required. Term of office, four years. 
Fees — Protest, $1.00; taking acknov^ledgments, two per- 
sons, 50 cents ; each person over two, 25 cents ; certifying 
affidavit 50 cents. 

LAW CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 
Acknowledgments made out of the state, of deeds, mort- 
gages and other instruments concerning land for recording 
in Washington, may be made before a notary public, in 
this or any other country, or before any officer or magistrate 
in the United States authorized to take acknowledgments 
by the local law, but if he be not a notary, a certificate of 
his authority so to act must be added by the clerk of a local 
court of record. They may also be made in foreign coun- 
tries before any minister plenipotentiary, secretary of lega- 
tion, charge d'afifairs, consul general, consul, vice consul, 
consular agent, or commercial agent appointed by the 
United States government, or before the mayor, or other 
chief magistrate of any city, town, or other municipal cor- 
poration therein or before the proper officer of any court 
of such country. An officer commissioned by the governor 
of this state may take acknowledgments out of the state. 

WEST VIRGINIA. 
STATUTE LAW RELATING TO DEEDS. 
No deed or deed of trust (mortgage) or instrument of 
like force for realty or personalty shall be valid as against 
creditors and purchasers unless the said instrument be ad- 
mitted to record in the county in which same is located. 



894 INSTRUCTION IN REAL ESTATE 

Such instrument of conveyance must be sealed and signed 
by the grantor, and acknowledged before notary or justice. 
Those acknowledged out of the state must have notary 
seal affixed. 

STATUTE LAWS RELATING TO MARRIED 
WOMEN. 

A woman seized and possessed of realty and personalty 
before marriage and who receives realty or personalty by 
devise, gift or otherwise after marriage, all the rents, 
issues and profits from the same are held, as though she 
was single, freed from husband's control and liabilities. 
Husband must join in conveyance of realty. 

Husband is liable for debts contracted by his wife, if his 
estate is not sufficient, then same may be collected from 
wife's estate. Wife's estate is not liable for husband's 
debts. ^ 

WARRANTY DEED. 

Know all men by these presents : That in con- 
sideration of to paid by the re- 
ceipt whereof is hereby acknowledged, do hereby 

give, grant, bargain, sell and convey to the said 

heirs and assigns forever, the following described prem- 
ises, situate in the of count}^ of 

and state of West Virginia, to wit: and all the 

right, title and interest of the said either in law or 

equity, in and to the said premises ; together with all the 
apputenances to the same belonging, but subject to all 
legal highways. 

To have and to hold the same unto the said 

heirs and assigns forever. 

And the said for and heirs, ex- 
ecutors and administrators, hereby covenant with 

the said heirs and assigns that the true 

and lawful owner of the said jM-cmiscs, and ha.. 

full power to cpjjyey the same; and that the title so con- 



AND FIRE INSURANCE. 895 

veyed is clear and unincumbered ; and further, 

that will warrant and defend the same against all 

claim or claims of all persons whomsoever. 

In witness whereof, the said who hereby re- 
lease. . right and expectancy of dower in the said premises, 

ha. . hereunto set hand this day 

of in the year of our Lord, 



Signed and acknowledged 
in the presence of 



State of West Virginia, County of , ss : 

I, (name and official character) in and for said county, 

in the state aforesaid, do hereby certify that John Smith 

and Mary Smith his wife, whose names are signed to the 

writing above bearing date on the day of 

19..., have this day acknowledged the same before me 

in my said county. 

Given under my hand and official seal this day 

of 19. . . 

MORTGAGE FORM. 

This deed, made this day of 19. . ., be- 
tween of the first part, and trustee, of the 

second part. 

Witnesseth : That the said for and in consid- 
eration of dollars, do grant unto the said 

trustee, the following described 

.Vnd the said party of the first part does covenant and 
agree to warrant, generally, the title to the property here- 
by conveyed to the said trustee: In trust, to se- 
cure the payment of promissory notes, for the sum 



896 INSTRUCTION IN REAL ESTATE 

of dollars each, bearing even date herewith, exe- 
cuted by the said and payable to the order of 

, with interest thereon from date, in re- 
spectively : 

And the said does hereby covenant and agree, 

that in the case he makes default in the payment of the 
whole or any part of any of the said promissory notes and 
the interest thereon, when the same becomes due, then the 

said may sell at public auction, for cash, the 

...... hereby conveyed, giving notice of such sale as pre- 
scribed by law. 

Witness the following signature and seal the day and 
year above written: 

(seal). 

Witness : 



State of West Virginia, County of , ss : 

I, (name and official character) in and for said county, 

in the state aforesaid, do hereby certify that John Smith 

and Mary Smith his wife, whose names are signed to the 

writing above bearing date on the day of ....... 

19..., have this day acknowledged the same before me 

in my said county. 

Given under my hand and official seal this day 

of 19. . . 

(seal). 

CHATTEL MORTGAGE. 

Know all men by these presents, that residing 

in county of state of , party of 

the first part, being justly indebted to , residing in 

,party of the second part, in the sum of 

dollars, which is hereby confessed and acknowledged, has, 
for the purpose of securing the payment of said debt, 
granted, bargained, sold and mortgaged, and l)y these pres- 



AND FIRE INSURANCE, 897 

ents does, grant, bargain, sell and mortgage unto the said 
party of the second part, his heirs, executors, administra- 
tors and assigns, all that certain personal property des- 
cribed as follows, to wit: (Describe it and state where 
it is and in whose possession), all of which property the 
party of the first part covenants is free and clear from all 
liens and incumbrances, (here mention Exemptions, if any) 
and the said party of the ,first part for himself, his heirs, 
executors, and administrators, all and singular, the goods, 
chattels and personal property above bargained and sold, 
unto the said party of the second part, his executors, ad- 
ministrators and assigns, against him the said party of 
the first part, and against all and every other person or 
persons, wdiomsoever, shall and Avill warrant and forever 
defend. 

To have and to hold, all and singular said goods, and 
chattels, unto the said party of the second part his heirs, 
executors, administrators and assigns, forever; provided, 
always, and these presents are upon this express condi- 
tion : That if the said party- of the first part shall pay or 
cause to be paid unto the said party of the second part, 

his heirs or assigns, the sum of dollars, according 

to the conditions of two (or as the case may be) certain 

promissory notes, executed by payable to 

at viz. $ dated due with 

interest at per cent per annum, until paid (or omit- 
ting all after ''promissory notes" and inserting "of which 
the following are copies" and then insert copies, or if the 
indebtedness is not represented by promissory notes, its 
character may be otherwise indicated.) Then these pres- 
ents to be void and of no efifect. And as long as the condi- 
tions of this mortgage are fulfilled, the said party of the 
first part is to remain in peaceful possession of said prop- 
erty, and in consideration thereof agrees to keep said prop- 
erty in as good condition as it now is, at the cost and ex- 
pense of said first party. 



898 INSTRUCTION IN REAL ESTATE 

In witness whereof, the said party of the first part has 

hereunto set his hand and seal, this day of 

A.D.,19... 

(seal.)-.... 

Signed and delivered in 
the presence of 



I9-.- 

Then personally appeared the above named and 

acknowledged the foregoing instrument to be free 

act and deed, before me 



STATUTE LAW RELATING TO BILLS OF SALE. 
If any sale be made of goods and chattels (other than 
rolling stock reserving the title until the same is paid for, 
or otherwise), and possession to be delivered to the buyer, 
such reservation is void as to creditors of, and purchasers 
without notice from such buyer, unless a notice of such 
reservation is recorded in the office of the clerk of the 
county court of the county where the property is located. 

BILL OF SALE FORM. 

Know all men, by these presents, that I, A. B., of 

in consideration of the sum of dollars to me in hand 

paid by C. D., of the same place, at and before the en- 
sealing and delivering of these presents, the receipt whereof 
I do hereby acknowledge, (or if the consideration be dif- 
ferent state it,) have bargained, sold, released, granted, 
and confirmed, and by these presents, do bargain, sell, re- 
lease," grant, and confirm, unto the said C. D., all the fol- 
lowing goods, household stufif, and implements of house- 
hold, (or as the case may be) (here describe each article 
so it can be identified) now remaining and being (mention 
where they are) to have and to hold all and singular the said 
goods and chattels, etc., and every one of them, by these 
presents bargained, sold, released, granted, and confirmed, 



AND FIRE INSURANCE. 899 

unto the said C. D., his heirs, executors, administrators, 
and assigns, to his and their only proper use and behalf 
forever. 

Witness my hand and seal, this fourth day of , 

A. D., 19.. . 

Signed, sealed and delivered in presence of 
E. G. 
A. R. 

A. B. (Seal.) 

STATUTE LAW RELATING TO LANDLORD AND 

TENANT. 

A tenancy from year to year may be terminated by 
either party giving three months' notice in writing to the 
other, prior to the end of any year, of his intention to term- 
inate the same. This does not apply where, by special 
agreement, no notice is to be given ; nor is notice necessary 
from or to a tenant whose term is to end at a certain time. 

Rent may be distrained for within one year after the 
time it becomes due, and not afterwards, whether the lease 
be ended or not. The distress must be made by a sheriff or 
constable of the county" in which the premises are, under 
a warrant from a justice founded upon the affidavit of the 
person claiming the rent, or his agent, that the amount of 
the money to be distrained for is, as he believes justly 
due. The distress may be levied on any goods found on 
the premises or that have been removed therefrom not 
more than thirty days. 

No estate, for a term of more than five years, in lands, 
can be conveyed, unless by will or deed. 

LEASE FORM. 

This indenture made and executed this day of 

A. D., 19 ... , between of , of the 

first part, and , . . of , of the second part, 

witnesseth that in consideration of the rents and coven- 
ants hereinafter expressed, the said party of the first part 



900 INSTRUCTION IN REAL ESTATE 

has demised and leased, and does hereby demise and lease 
to the said party of the second part the follow- 
ing premises, viz. : (describe them) with the privileges 

and appurtenances, for and during a term of from 

the day of 19. • •, which term will end 

And the said party of the second part covenants 

that he will pay to the party of the first part, for the use 

of said premises, the yearly rent of dollars ($....), 

to be paid monthly in advance in equal installments, v/ith- 
out demand therefor being made by the party of the first 
part. 

And provided, said party of the second part shall fail to 
pay said rent, or any part thereof, when it becomes due, it 
is agreed that said party of the first part may sue for the 
same, or re-enter said premises, or resort to any legal 
remedy. 

The party of the part agrees to pay all 

taxes to be assessed on said premises during said term. . . 

The party of the second part covenants that at the ex- 
piration of said term he will surrender up said premises 
to the party of the first part in as good condition as now, 
necessary wear and damage by the elements excepted. 

Witness the hands and seals of the said parties the day 
and year first above written. A. B. (seal.) 

C. D. (seal.) 

Signed, sealed and de- 
livered in presence of 
E. R, 
G. H 

Note. Leases should be made in duplicate, one for 
each party. 

EXEMPTION AND HOMESTEAD LAWS. 

Any husband or parent residing in this state, or the 

widow of the infant children of deceased parents, may 

hold personal property to the value of two hundred dollars 

to be exempt from execution and process. And any me- 



AND FIRE INSURANCE. QOI 

chanic may be so exempt for his working tools to the value 
of fifty dollars. Provided that in no case shall the exemp- 
tion exceed two hundred dollars. 

Any husband or parent residing in this state or the in- 
fant children of deceased or insane parents may hold a 
homestead of the value of one thousand dollars. But 
homestead can be no claim against purchase money, taxes, 
or expenses incurred by erecting permanent improvements 
thereon. 

STATUTE LAW RELATING TO FENCES. 

Where lands are taken by railroads, if the lands were 
cleared, and fenced in the first instance, the railroad com- 
pany must construct and forever maintain suitable farm 
crossings, cattle guards and fences on both sides of the 
land taken. 

Where two or more persons have land adjoining, each 
of them must make and maintain a just proportion of the 
division fence between them, except when the owner or 
owners of either of the adjoining lands shall choose to let 
such land lie open. The value of such fence and the pro- 
portion to be built or paid for by each, in case the parties 
do not agree shall be determined by three persons to be 
agreed upon by them. 

A lawful fence of common rails must be four and one- 
half feet high, of posts and rails or posts and planks, or 
pickets, four feet high, of stone two feet wide at base, and 
three and one-half feet high ; if a hedge, four feet high ; if 
built with posts and wire, or pickets and wire, four feet 
high, and shall consist of not less than six strands, to be 
five, ten, seventeen, twenty-five, thirty-six, and forty-eight 
inches from the ground respectively. 

After giving five days' notice to the owner of any horses, 
mules, cattle, sheep, hogs or goats, of the fact of two 
previous trespasses of any such animals on grounds en- 
closed by his lawful fence, the owner of such grounds is 
entitled to such animals if again found so trespassing. 



g02 TNSTRTTCTTON TN REAL ESTATE 

Hedge fences must be kept trimmed in such manner as 
not to project into a public road, or over the line adjoin- 
ing property more than eighteen inches. 

STATUTE LAW RELATING TO LIMITATION. 

No person can make an entry on or bring an action to 
recover, any land, but within ten years next after the time 
at which the right to make such entry or to bring such 
action shall have first accrued to himself or some person 
through whom he claims. Further time is allowed per- 
sons under disability except married women having sepa- 
rate estate. 

Every action to recover money founded upon any con- 
tract other than a judgment or recognizance, shall be 
brought within the following number of years next after 
the right to bring the same shall have accrued. If the case 
be upon a statutory indemnifying bond or upon the bond 
of a fiduciary of any nature, or of a public officer, 
within ten years ; upon any other contract under seal, with- 
in ten years ; if it be upon an award, or a contract by writ- 
ing signed by the party to be charged thereby, or by his 
agent, but not under seal, within ten years ; and upon any 
other contract, within five years, unless it be an action by 
one partner against his co-partner for a settlement of their 
accounts, or between merchant and merchant, where the 
action of account would lie, in either of which cases it may 
be brought within five years from the cessation of their 
dealings, but not after. 

DECEDENT'S DEBTS. 
Debts are paid according to the following order: i. 
Debts due the United States. 2. Taxes and levies as- 
sessed upon the decedent previous to his death. 3. Debts 
due as personal representative guardian or committee, 
where qualification was within the state, in which debts 
shall be included a debt for money received by husband 
riCting as such fiduciary in right of liis wife. 4. All other 
demands ratabl3^ except those in the next class. 5. \^ol- 



AND FIRE INSURANCE. 903 

uiitary obligations. No payment shall be made to creditors 
of any class, until all these of the preceding class or classes 
shall be fully paid. All claims against a decedent must be 
presented within 12 months from qualification of personal 
representative whether the same be of record or not. As 
to realty, however, liens such as deed of trust (mortgage) 
or judgment take the preference over all the above except i 
and 2 which liens are paid according to their priority of 
recordation. 

DISTRIBUTION OF PROPERTY WHERE NO WILL 

IS LEFT. 

A decedent's estate not disposed of by will or limited 
by marriage settlements, after payment of debts and legal 
charges for settling, vests as follows : A widow takes one- 
third of the realty for life and one-third of the personalty 
absolutely, and is not precluded by will from so doing. A 
surviving husband has a life estate in the whole of his de- 
ceased wife's realty and one-third of personalty absolute, 
if there is surviving issue of marriage, if no surviving is- 
sue then the husband receives the whole of the personal 
estate, not precluded by will. Real and personal estate of 
a decedent, who dies intestate shall descend and pass in 
parcenary to his kindred, male and female, in the following 
course : 

To his children and their descendants. If there be no 
child, nor the descendants of any child, then to his father. 
If there be no father, then to his mother, brothers and sis- 
ters, and their descendants. If there be no mother, nor 
brother, nor sister, nor any descendants, of either, then one 
moiety shall go to the paternal, the other to the maternal 
kindred in the following course : First to the grandfather, 
if none, then to the grandmother, uncles and aunts on the 
same side, and their descendants. If none such, then to 
the great-grandfather, if there be but one. If none, then to 
the great-grandmothers or great-grandmother, if there be 
but one, and the brothers and sisters of the grandfathers 



904 INSTRUCTION IN REAL ESTATE 

and grandmothers, and their descendant. And so on in 
other cases without end, passing to the nearest lineal 
male ancestors, and for want of them, to the nearest female 
lineal ancestors in the same degree, and the descendants of 
such male and female ancestors. 

If there be no father, mother, brother or sister, nor any 
descendant of either, nor paternal kindred, the whole shall 
go to the maternal kindred, and if there be no maternal kin- 
dred the whole shall go to the paternal kindred. If there 
be neither maternal or paternal kindred, the whole shall go 
to the husband or wife, of the intestate ; or if the husband 
or wife be dead, to his or her kindred in the like course as 
if such husband or wife had survived the intestate and 
died entitled to the estate. Collaterals of the half blood 
shall inherit only half so much as those of the whole blood. 
But if all the collaterals be of the half blood, the ascend- 
ing kindred (if any) shall have double portions. When the 
children of the intestate, or his mother, brothers and sis- 
ters or his grandmother, uncles and aunts, or any of his 
female lineal ancestors, living with the children of the de- 
ceased lineal ancestors, male and female, in the same de- 
gree, come into the partition, they shall take per capita 
or by person ; and where a part of them being dead and 
a part living, the issue of those dead have right to parti- 
tion, such issue shall take per stirpes, that is to say, the 
shares of their deceased parents ; but Avhenever those enti- 
tled to partition are all in the same degree of kindred to 
the intestate they shall take per capita or by person. 

In making title by descent, it shall be no bar to a party 
that any ancestor (whether living or dead) through whom 
he derives his descent from the intestate, is or has been an 
alien. 

Bastards shall be capable of inheriting and transmitting 
inheritances on the part of their mothers, as if lawfully be- 
gotten. 

If a man having a child or children by a woman, shall 
afterwards intermarry with her, such child or children, or 



AND FIRE INSURANCE. 905 

their descendants, if recognized by him before or after mar- 
riage, shall be deemed legitimate. The issue of marriages 
deemed null in law, or dissolved by a court, shall neverthe- 
less be legitimate. 

Any child who may be born within ten months after the 
death of the intestate, shall be capable of taking by inher- 
itance in the same manner as if he were in being at the 
time of such death. • 

DISTRIBUTION OF PROPERTY BY WILL. 

No person of unsound mind or under the age of twenty- 
one shall be capable of making a will, except that minors 
eighteen years of age or upwards, may, by will, dispose of 
personal estate. 

No will shall be valid unless it be in writing and signed 
by the testator, or by some other person in his presence or 
by his direction in such manner as to make it manifest that 
the name is intended as a signature; and, moreover, unless 
it be wdiolly written by the testator; the signature shall be 
made or the will acknowledged by him in the presence of 
at least two competent witnesses, present at the time; and 
such witnesses shall subscribe to the will in the presence 
of the testator, and of each other, but no form of attesta- 
tion shall be necessary. 

Real estate not disposed of by will or acquired after the 
making of the will shall pass by general device, unless a 
contrary intention be manifest on the face of the will. 

If a devisee or legatee die before the testator, leaving 
issue who survive the testator, such issue shall take the 
estate devised or bequeathed, as the devisee or legatee 
would have done if he had survived the testator, unless 
a different disposition thereof be made or required by the 
will, and if the devise be made to two or more persons 
jointly, and one or more of them die without issue, the 
part of the estate so devised to him shall not go to the other 
joint devisees, but shall descend and pass to the heirs-at- 



906 INSTRUCTION IN REAL ESTATE 

law of the testator, as if he had died intestate, unless the 
will otherwise provide. 

If any person die leaving a child, or his wife enciente of 
a child, which shall be born alive, and leaving a will made 
when such person had no child living, wherein any child he 
might have is not mentioned or provided for, such will, ex- 
cept so far as it provides for the payment of the debts of 
the 'testator, shall be construed as if the devise and be- 
quests therein has been limited to take effect, in event the 
child shall die unmarried and without issue. 

If a will be made when a testator has a child living, and 
a child be born afterwards, such after-born child or any 
descendant of his, if not provided for by any settlement, 
and neither provided for nor expressly excluded by the 
will, but only permitted, shall succeed to such portion of 
the testator's estate as he would have been entitled to if 
the testator had died intestate. 

Wills take effect from the death of testator. All contests 
of wills must be entered within one year, if regularly pro- 
bated, otherwise five years, limitation does not run against 
any one laboring under disability. County court has juris- 
diction of matter of probate, the clerk thereof in vacation. 

NOTARY PUBLIC. 
Applicant must be a citizen of the state and reside in 
county where appointed. Application should be made to 
the Secretary of State. A fee of $2.50 is required also a 
bond for not less than $250 nor more than $1000. Term 
of office lasts during good behaviour. Fees — Protesting, 
recording, drawing instrument and notice, $1.00; each addi- 
tional notice 10 cents; taking acknowledgments, 50 cents; 
administering oaths, 25 cents. 

LAW CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 
The clerk of the county court must admit any writing to 
record as to any person whose name is signed thereto, upon 



AND FIRE INSURANCE. 907 

the request of any person interested therein, npon a certifi- 
cate of acknowledg-ment before a justice, notary public, 
recorder or clerk of any court within the United States, or 
a commissioner appointed within the same by the governor 
of this state, written or annexed to the same. Or upon 
a certificate so written or annexed, under the official seal of 
any appointee of the government of the United States to 
any foreign country, or of the proper officers of any court 
of such county, or of the chief magistrate of any public 
corporation therein, that the said writing was acknowl- 
edged by such person, or proved as to him by two wit- 
nesses. If the acknowledgment be before a notary public 
without the state, he must certify the same under his offi- 
cial seal. 

WISCONSIN. 
STATUTE LAW RELATING TO DEEDS. 
If a deed be not recorded a subsequent purchaser or 
mortgagee, for value, not knowing of the previous transfer 
will have preference to the first purchaser, if his deed be 
first recorded. They are valid without witnesses but two 
are necessary to entitle it to be recorded. They must 
be under seal but a scroll seal is sufficient and must be 
acknowledged before proper officers. 

STATUTE LAWS RELATING TO MARRIED 
WOMEN. 
A married woman has the same right and power con- 
cerning property and to contract, sue and be sued, as if 
unmarried, and she cannot be legally bound as surety, 
guarantor or accommodation endorser unless she expressly 
charges her separate estate, but she may not sue her hus- 
band except for divorce or to protect her separate property, 
or injury to her person or character, nor may he sue her 
except under like circumstances, excluding injury to per- 
son or character. If a wife do not join in a deed for her 
husband's realtv and he die first she will ha\'e dower therein 



908 INSTRUCTION IN REAL E5>TATE 

(one-third for life). Conveyance of the homestead is ab- 
solutely void unless wife join. 

The husband is liable for the support of his family. 

WARRANTY DEED. 

This indenture, made the day of , in the 

year of our Lord one thousand nine hundred and .... be- 
tween J. J., of the city of , in the state of 

and Mary, his wife, parties of the first part, and W. B., 

of , and state aforesaid, of the second part ; wit- 

nesseth, that the said parties of the first part, for and in 

consideration of the sum of dollars, lawful money 

of the Unites States of America, to them in hand paid by 
the said party of the second part, at and before the enseal- 
ing and delivery hereof, the receipt whereof they do hereby 
confess and acknowledge, ha. . given, granted, bargained, 
sold, remised, released, aliened, conveyed and confirmed, 
and by these presents do. . give, grant, bargain, sell, re- 
mise, release, alien, convey and confirm unto the said party 

of the second part heirs and assigns forever, all 

certain tract, piece or parcel of land, situate, ly- 

mg and being in the county of Owen state of Wisconsin, 
and particularly described as follows, to wit: 

Together with all and singular the hereditaments and ap- 
purtments thereunto belonging or in anywise appertain- 
ing; and all the estate, right, title, interest, claim and de- 
mand whatsoever of the said part. . of the first part, either 
in law or equity, either in possession or expectancy, of, in 
and to the above bargained premises and their heredita- 
ments and appurtenances ; to have and to hold the said 
premises as above described, with the hereditaments and 
appurtenances unto the said part . . of the second part, and 

to heirs and assigns forever. ' And the said 

for heirs, executors and administrators do.... 

covenant, grant, bargain and agree, to and with the said 

part. . of the second part heirs and assigns, that 

at the time of the ensealment and delivery of these pres- 



AND FIRE INSURANCE. QOQ 

ents well seized of the premises above described, 

as of a good, sure, perfect, absolute and indefeasible es- 
tate of inheritance in the law, of fee simple, and that the 

same are free and clear of all incumbrances whatever 

and that the above bargained premises, in the quiet and 
peaceable possession of said part. . . of the second part 

heirs and assigns, against all and every person 

or persons lawfully claiming the whole or any part thereof, 
will forever warrant and defend. 

In witness whereof, the said parties of the first part 
have hereunto set their hands and seals, the day and year 
first above written. J. J. (seal.) 

Mary J. (seal.) 

Signed, sealed and de- 
livered in the presence of 

E. A. { 

R. M. 
State of Wisconsin, County of ss : 

Be it remembered. That on the day A. 

D., 19..., personally came before me the above named... 
to me known to be the person. . . who executed the forego- 
ing deed, and acknowledged the same to be free 

act and deed for the uses and purposes therein mentioned. 

(Name and official character) 



MORTGAGE FORM. 

This indenture witnesseth that A. B., of party 

of the first part, (if the mortgage is that of a married man 
and the wife joins, as is commonly the case, to extinguish 
her dower or other rights, insert ''and Mary B., his wife" 
and make other corresponding changes below. If the land 

mortgaged belongs to a married woman insert ''and 

her husband", and make other necessary changes below,) 

in consideration of dollars to him paid by C. D., 

party of the second part, the receipt whereof is hereby ack- 
nowledged, does hereby give, grant, bargain, sell, release, 



9IO INSTRUCTION IN REAL ESTATE 

convey and confirm to the said C. D., his heirs ("succes- 
sors'' instead of "heirs" if mortgage is to a corporation) 
and assigns forever, the following described premises, sit- 
uate in the of ........ and state of , 

(describe it so that it may be accurately identified) and 
all the right, title and interest of the said A. B. either in 
law or equity, in and to the said premises ; together Avith 
all the appurtenances to the same belonging. To have 
and to hold the same unto the said C. D,, his heirs and as- 
signs forever, and the said A. B., for himself and his heirs, 
executors and administrators, hereby covenants with the 
said C. D., his heirs and assigns that he, the said A. B., 
is lawfully seized of the said premises, in fee simple, and 
has full right and power to convey the same, that the title 
and premises so conveyed are clear and unincumbered; (if 
there are any exceptions to this state them). And further, 
that he will warrant and defend the same against all claim 
or claims of all persons whomsoever. Provided, neverthe- 
less, that whereas the said A. B., has executed and deliv- 
ered unto the said C. D., a certain (bond, promissory note, 
or as the case may be) bearing even date herewith (then 
proceed to further describe it so that it may be identified 
with certainty, or, if short, a copy of it may be here in- 
serted, the fact being stated that it is a copy). 

Now if the said A. B., his heirs, executors, administra- 
tors or assigns shall pay said debt or sum of dol- 
lars and interest which shall accrue thereon to the said C. 
D., his heirs or assigns, according to the tenor thereof, then 
this mortgage shall be void. And in case of the non-payment 
of said sum, or any part thereof, at the time or times above 
limited for the payment thereof. Or in case of the non-pay- 
ment of any taxes that may be assessed on the premises 
in manner aforesaid, then and in either case it shall or may 

be lawful for the said part. . . of the second part 

heirs, executors, administrators or assigns, and the said 

part. . . of the first part do hereby covenant and 

agree, and by these presents empower and authorize these 



AND FIRE INSURANCE. 9II 

said part. . . of the second part ........ heirs, executors, 

administrators or assigns, to grant,, bargain, sell release and 
convey the said premises, with the appurtenances there- 
unto belonging, at public auction or vendue, and on such 
sale to make and execute to the purchaser or purchasers, 
his, her or their heirs and assigns forever good, ample and 
sufficient deeds of conveyance in the law, pursuant to the 
statute in such case made and provided ; and out of the 
moneys arising from such sale to retain the principal and 
interest which shall then be due on the said to- 
gether with costs and charges, and the sum of 

dollars solicitor's fees rendering the surplus moneys, if any 

there be, to the said part. . . of the first part , heirs, 

executors, administrators or assigns, after deducting the 
costs of such vendue as aforesaid. 

In witness whereof, the said party of the first part here- 
unto set his hand and seal this day of , in 

the year of our Lord .... A. B. (seal.) 

Signed and acknowl- 
edged in presence of 
E. F. 
G. H. 
State of Wisconsin, C County, ss. 

Personally came before me this day of 

19..., the above (or within) named A. B. and C. B., his 
wife to me known to be the persons who executed the fore- 
going" instrument and acknowledged the same. 

(Official character.) 



STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 
Chattel mortgages must be recorded and are applicable 
only to personal property, and are good two years from the 
date of filing the same. They may be renewed if required 
affidavit is made thirty days next preceding the expiration 
of the two years. 



912 INSTRUCTION IN REAL ESTATE 



CHATTEL MORTGAGE. 



Know all men by these presents, that residing 

in county of state of party of 

the first part, being justly indebted to residing in 

parcy of the second part, in the sum of 

dollars, which is hereby confessed and acknowledged, has, 
for the purpose of securing the payment of said debt 
granted, bargained, sold and mortgaged, and by these pres- 
ents does grant, bargain, sell and mortgage unto the said 
party of the second part, his heirs, executors, administra- 
tors and assigns, all that certain personal property de- 
scribed as follows, to wit: (Describe it and state where it 
is and in whose possession), all of which property the 
party of the first part covenants is free and clear from al 
liens and encumbrances, and the said party of the first 
part for himself, his heirs, executors and administrators, 
all and singular, the goods, chattels and personal property 
above bargained and sold, unto the said party of the second 
part, his executors, administrators, and assigns, against 
him the said party of the first part, and against every other 
person or persons whomsoever, shall and will warrant and 
forever defend. 

It is further agreed on same consideration that this mort- 
gage is to cover and convey all increase of the property 
conveyed and any additions to a stock in trade. It is 
agreed and covenanted that the above property con- 
tains no exemptions, we (first parties) having selected our 
exemptions from other property. 

To have and to hold, all and singular said goods, and 
chattels, unto the said party of the second part, his heirs, 
executors, administrators and assigns, forever; provided, 
always, and these presents are upon this express condition : 
That if the said party of the first part shall pay or cause 
to be paid unto the said party of the second part his heirs 

or assigns, the sum of dollars, according to the 

conditions of two (or as the case may be) certain prom- 



AND FIRE INSURANCE. 913 

issory notes, executed by payable to at 

viz $ dated due with in- 
terest at per cent per annum until paid (or omit- 
ting all after "promissory notes" and inserting "of which 
the following are copies" and then insert copies, or if the 
indebtedness is not represented by promissory notes its 
character may be otherwise indicated.) Then these pres- 
ents to be void and of no effect. And as long as the con- 
ditions of this mortgage are fufilled, the said party of the 
first part is to remain in peaceful possession of said prop- 
erty, and in consideration thereof agrees to keep said prop- 
erty in as good condition as it now is, at the cost and ex- 
pense of said first party. 

But if default shall be made in the payment of said sum 
of money or any part thereof or of any interest thereon, at 
the time the same shall become due, or if any attempt shall 
be made to remove, dispose of or injure said property, or 
any part thereof, by said party of the first part, or any other 
person, or if said party of the first part does not take proper 
care of said property, or if said party of the second part 
shall at any time deem himself insecure, then, thereupon 
and thereafter, it shall be lawful, and the said first party here- 
by authorizes the said second party his heirs or assigns, or his 
authorized agent, to take said property wherever the same 
may be found, and hold and sell and dispose of the same 
and all equity of redemption at public auction or private 
sale, with or without notice, and on such terms as the said 
party of the second part or his agent may see fit, retaining 
such amount as shall pay the aforesaid notes and inter- 
est thereon, an attorney's fee of $. . . . and such other ex- 
penses as may have been incurred, returning the surplus 
money, if any there be, to the said party of the first part, 
his heirs or assigns. And in case the party of the second 
part deem it necessary or advisable to examine said prop- 
erty, or have it examined, to ascertain the security thereof, 
the party of the first part hereby consents to and author- 



914 INSTRUCTION IN REAL ESTATE 

izes such examination, and further agrees to pay all ex- 
penses for the same, including- said attorney's fees, whether 
the property is taken or not. And in the meantime said 
party of the first part is to remain in peaceful possession 
of said property, and in consideration thereof, agrees to 
keep said property in as good condition as it now is, at 
the cost and expense of the party of the first part, and to 
make and file all statements required by law and pay all 
fees, taxes and charges on said property so as to keep this 
mortgage in full force and effect until said debt is paid. 

In witness whereof, the said party of the first part here- 
unto sets his hand and seal this day of 

A. D., 19... 

(Seal.) 

Witness : 



State of Wisconsin, County, ss. 

Personally came before me this day of , 

19..., the above (or within) named A. B. and C. R., his 
wife to me known to be the persons who executed the 
foregoing instrument and acknowledged the same. 

(official character) 

STATUTE LAW RELATING TO BILLS OF SALE. 
Bill of sale is good between the parties thereto and as to 
third parties with notice that bill has been filed in the 
office of the clerk of the town, city or village, where the 
vendee resides and if vendee is not a resident then with the 
clerk, etc., of town where property is located. 

BILL OF SALE FORM. 

Know all men, by these presents, that I, A. B., of , 

in consideration of the sum of dollars to me in hand 

paid by C. D., of the same place, at and before the enseal- 
ing and delivering of these presents, the receipt whereof I 
do hereby acknowledge, (or if the consideration be dif- 
ferent state it), have bargained, sold, released, granted, 
and confirmed, and by these presents, do bargain, sell, re- 



AND FIRE INSURANCE. 915 

lease, grant, and confirm, unto the said C. D., all the fol- 
lowing goods, household stuff, and implements of house- 
hold, (or as the case may be) (here describe each article 
so it can be identified) now remaining and being (men- 
tion where they are) to have and to hold all and singular 
the said goods and chattels, etc., and every ^one of them, 
by these presents bargained, sold, released, granted, and 
confirmed, unto the said C. D., his heirs, executors, ad- 
ministrators, and assigns, to his and their only proper use 
and behalf forever. 

Witness my hand and seal, this fourth day of , 

Signed, sealed and delivered in presence of 
A. D., 19.. .. ..A. B. (seal.) 

E. G. 
A. R. 

STATUTE LAW RELATING TO LANDLORD 
AND TENANT. 

A landlord must give thirty days' notice to quit before 
he can expel his tenant by reason of expiration of term 
of lease. He may expel him for non-payment of rent due, 
but must give fourteen days' notice to quit. 

A lease not in writing and signed by the lessor, if for 
more than three years, will have the effect of creating a 
tenancy at will only. 

The common right of a landlord to distrain for rent is 
abolished. 

FORM OF NOTICE TO QUIT. 

State of Wisconsin, County of , ss : 

Sir : You are hereby notified to pay the rent due to me 
from you, on the following described premises, viz. : (de- 
scribe premises with precision) which you hold over with- 
out my permission after default in the payment of the 
rent persuant to the agreement under which you hold : 
or that you deliver the possession of said premises to me 



gi6 INSTRUCTION IN REAL ESTATE 

at the expiration of three days after the service of tli 
notice on you. 

Dated at this day of , 19. . 



Note. The same form may be used where other cove- 
nants have been broken by changing the w^ording. 

LEASE FORM. 

This indenture, made the day of , in the 

year of our Lord one thousand and nine hundred and . . . ., 

betw^een A. B., of , of the first part, and C. D., of 

, of the second part, witnesseth : That the said A. 

B., for and in consideration of the yearly rent and cove- 
nants hereinafter mentioned and reserved, on the part and 
uenalf of the said C. D., his executors, administrators 
and assigns, to be paid, kept, and performed, hath demised, 
granted and leased, and by these presents doth demise, 
grant, and lease, unto the said C. D., his executors, admin- 
istrators, and assigns, all that messuage and lot of ground, 

situate, lying and being in the aforesaid, bounded 

northward, etc. (here describe the premises), together 
with all and singular, buildings and appurtenances there- 
unto belonging. To have and to hold the said messuage 
and lot of ground, and all and singular the premises hereby 
demised, with the apurtenances, unto the said C. D., his 

executors, administrators, and assigns ; from the 

day of next ensuing the date hereof, for and during 

the term of years thence next ended ; yielding and 

paying for the same unto the said A. B., his executors, 
administrators, and assigns, the yearly rent or sum of 

dollars, in four equal quarterly payment (or as the 

case may be) of dollars each, the first of which to 

be made on the day of next. 

And the said C. D., for himself, his heirs, executors, and 
administrators, doth covenant, promise, and agree to and 
with the said A. B., his heirs, executors, administrators, 
and assigns, by these presents, that he, the said C. D., his 



AND FIRE INSURANCE. QI^ 

heirs, executors, and administrators, shall and will well 
and truly pay or cause to be paid unto the said A. B., his 
heirs, executors, administrators or assigns, the said yearly 

rent of dollars, hereby reserved on the several days 

and times hereinbefore mentioned and appointed for the 
payment thereof, according to the true intent and mean- 
ing of these presents. And the said A. B., for himself, his 
heirs, executors, and administrators, doth covenant, prom- 
ise, and agree to and with the said C. D., his executors, 
administrators, and asigns, by these presents, that he, the 
said C. D., his executors, administrators, and assigns, 
(paying the rent and performing the covenants aforesaid), 
shall and may peaceably and quietly have, hold, use, oc- 
cupy, possess and enjoy the said demised premises, with 
the appurtenances, during the term aforesaid, without the 
lawful let, suit, trouble, eviction, molestation, or interrup- 
tion of the said A. B., his heirs, or assigns, or any other 
person or persons whatsoever. 

And it is agreed that if any rent shall be due and un- 
paid, or if default shall be made in any of the covenants 
herein contained, then the said party of the second part 
shall forfeit all right and title to this lease, and it shall 
be lawful for the said party of the first part, his heirs or 
assigns, into the said premises or any part thereof in the 
name of the whole, to re-enter and the same to re-possess 
and expel the party of the second part therefrom, and let 
the same to any other person, anything to the contrary 
herein notwithstanding, or to distrain for any rent due, 
any and all property of any kind and nature, found in or 
on said premises, in payment of said rent and to sell the 
same on four days' notice, at public auction, rendering the 
surplus money, if any, to the said party of the second part ; 
or the said party of the first part, or his assigns may pro- 
ceed to recover the possession of said premises as for 
holding over after the termination of the lease under the 
act relating to forcible entries and detainers; and the 



9lS INSTRUCTION IN REAL ESTATE 

twenty days' notice to quit, as required by statue is hereby 
waived. 

Witness the hands and seals of the said parties the day 
and year first above written. A. B. (seal.) 

C. D. (seal.) 
Signed, sealed and delivered in presence of 
E. F. 
G. H. 

EXEMPTION AND HOMESTEAD LAWS. 

Sewing machines of seamstresses and private families 
and wearing apparel of the family and Bibles and school 
books in use therein are exempted, as well as pianos, me- 
lodians, organs and typewriters. 

In a city, homestead consisting of a house and lot of not 
more than one-fourth acre is exempt, and in the country a 
home and forty acres. 

STATUTE LAW RELATING TO FENCES. 

A land owner need not fence cattle out. Their owner 
must fence them in. Town supervisors are fence viewers 
to determine disputes about the building and maintenance 
of line fences between the improved or enclosed lands of 
two owners. Yet a man if he chooses may build and 
maintain within his own boundary on his own land a fence, 
and escape the obligation of maintenance as to the division 
fence, in which case he gives up all right to the old fence. 

Fences along public highways made in whole or in part 
of wire without barbs are lawful fences subject to restric- 
tions imposed by municipal authority. Like fences are 
also legal as line fences. 

STATUTE LAWS RELATING TO LIMITATION. 

Suit to recover land must be brought within twenty 
years after the right accrued to the claimant or his prede- 
cessors in title. Suit for assault, menace, battery, wound- 
ng, false imprisonment or libel or slander must be brought 



. AND FIRE INSURANCE. 919 

within two years, suits on under seal within ten years and 
other actions generally within six years from the time the 
right of action accrued, unless the party claiming be a 
minor, non compos mentis, imprisoned or beyond sea. 

DECEDENT'S DEBTS. 

Decedent's debts are payable first out of personalty, then 
realty, except the homestead and allowances to the widow 
and family. Debts are to be paid according to the follow- 
ing order of preference: i. Necessary funeral expenses. 
2. Expenses of last sickness. 3. Debts having a prefer- 
ence under the laws of the United States. 4. Debts due 
other creditors. As against real estate, however, liens, such 
as judgments and mortgages take preference to any of 
the above. Payment cannot be enforced until after the 
time limited for presentation has expired and the indebt- 
edness of the estate has been ascertained. 

DISTRIBUTION OF PROPERTY WHEN NO WILL 

IS LEFT. 

A decedent's estate not disposed of by will or limited by 
marriage settlement after payment of debts and legal 
charges for settling, vests as folloAvs : 

A widow, if there be issue, takes the homestead and one- 
third of the remaining realty for life and a child's share of 
the personalty absolutely and if there be no issue, but 
collateral heirs or other kindred she takes the realty and 
the personalty absolutely. If the estate does not exceed 
$150 in addition to the allowance given to widow and 
family, the court may assign the whole for the benefit of 
the widow and minor children. 

A surviving husband has a life estate in the whole of 
his deceased wife's realty, when not disposed of by will 
and when she leaves no issue by a former husband. If 
she leave no issue living he takes both real estate and per- 
sonalty absolutely. 



920 INSTRUCTION IN REAL ESTATE 

Subject to the rights above mentioned, realty descends 
and personalty is distributed as follows: 

Children share equally. If grandchildren alone or if 
other descendants of any one degree of consanguinity 
alone take the estate, all share equally (per capita). If the 
decendants are of different degrees of consanguinity, to 
the intestate, they share per stirpes, that is, the issue of a 
deceased child, grandchild or other descendant taking the 
share the parent would if living. 

In default of issue, subject to the rights of the widow or 
surviving husband, if any, realty goes to the deceased 
person's father and mother (or to the one if the other be 
dead) during their joint lives and the life of the survivor 
of them, and they (or the one living) in like manner, take 
the personalty absolutely. 

Subject to the above, the brothers and sisters of the 
whole blood shall take the realty in equal shares, the chil- 
dren of a deceased brother or sister, nephew or niece, tak- 
ing the share of their parent. If there be no brothers or 
sisters but nephews and nieces of the whole blood they 
shall share per capita. If there be no such brother, sister 
or children or grandchildren thereof, the real estate shall 
vest in the next of kin, the descendants of such brothers 
or sisters. Subject to what proceeds, all personal estate 
goes to the brothers and sisters of the intestate or their 
issue as in case of real estate, but without distinction of 
blood. 

Subject to all the foregoing, real estate descends to 
brothers and sisters of the half blood and their issue as 
above indicated in case of collaterals of the whole blood. 

In default of all persons above described, the real and 
personal estate will go to the next of kin, but children of 
deceased uncles and aunts shall take the share of their 
parents, as likewise will brothers and sisters, grandchil- 
dren where their parents and grandparents are dead, and 
if such kin be one or more than one grandparent, and there 
be living at the intestate's death descendants of a deceased 



AND FIRE INSURANCE. 921 

grandparent, such descendants of the deceased grandpar- 
ent shall take his or her share of the real and personal 
property in equal parts if they all be of the same degicc of 
consanguinity to the grandparent; and if not, then per 
stirpes. 

Notwithstanduig the above, if the real estate became 
vested in the intestate by descent, gift or devise from an 
ancestor or other relations, such real estate shall pass to 
the blood of such ancestor or other relation only. 

Realty and personalty, in default of know^n heirs or kin- 
dred go to the widow or surviving husband absolutely, or, 
in default of these also, it escheats to the commonwealth. 

Descendants and relatives of an intestate begotten be- 
fore his death but born after, take as if born in his lifetime. 
Nothing above set forth prevents an intestate in his life- 
time advancing to a child part or all of his or her share. 

The foregoing does not apply to illegitimates, but an 
illegitimate child takes and is known by the name of his 
mother, and if he shall die leaving no issue his estate shall 
descend to his mother and to her heirs at law. 

DISTRIBUTION OF PROPERTY BY WILL. 

Every person of sound mind twenty-one years old and 
every married woman of the age of eighteen years and 
upward may dispose of his or her real or personal estate 
by will in writing; it shall be signed by himself or by some 
person in his presence by his express direction. The will 
must be proved by the oaths or affirmations of two or 
more competent witnesses. There must be at least two 
subscribing witnesses attesting who must subcribe in the 
presence of the testator and of each other. A testator may 
sign by making his sign or cross. 

A devise of real estate to a person without referring to 
his heirs or using words of inheritance or perpetuity passes 
all the estate of the testator therein, unless a contrary in- 
tent appear. The real estate acquired by a testator after 
making his will shall pass by a general devise, unless a 



922 INSTRUCTION IN REAL ESTATE 

contrary intention be manifest on the face of the will. If 
there be a devise or legacy in favor of a child or other 
lineal descendant, or where there is no lineal descendant, 
in favor of a brother or sister or the children of a deceased 
brother or sister, it shall not lapse or become void by rea- 
son of the devisee or legatee dying in the lifetime of the 
testator, provided such devisee or legatee leave issue sur- 
viving the testator, and in such case the issue will take the 
devise or legacy. If any person make a last will and tes- 
tament, and afterwards marry or have a child or children 
not provided for in such will, and die, such widow or child 
shall share in his estate as if no will had been made, 
whether such child be born before or after his death. 

No nuncupative will, bequeathing estate above the value 
of $150, is good unless proved by the oath of three wit- 
nesses at least who were present at the making thereof, 
nor unless it be proved that the testator at the time of pro-- 
nouncing the same, did bid the persons present, or some 
of them, to bear witness that such was his will, or to that 
effect, nor unless such nuncupative will Avas made at the 
time of the last sickness of the deceased, and in the house 
of his or her habitation or dwelling or where he or she 
had been resident for the space of ten days or more next 
before the making of such will, except when such person 
was unexpectedly taken sick, being from home and died 
before he or she returned to the place of his or her habita- 
tion. After six months no proof shall be received unless 
the testamentary words or the substance of them was re- 
duced in writing within six days. 

NOTARY PUBLIC. 

Applicant must be a resident and a voter. Women are 
eligible. Application should be made to the Secretary of 
State. A])pointmcnt is made by the (lovernor. A fee of 
$2 and a bond for $500 are required. Term of office, four 
years. Fees — Protest, when necessary for non-acceptance 



AND FIR£ INSURANCE. 9^3 

Of non-payment, 50 cents ; notice of protest, ^5 cents ; tak- 
ing acknowledgments or administering oath, 25 cents. 

LAW CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 
An instrument to l)e recorded in Wisconsin may be ac- 
knowledged before and certified to by any judge or clerk 
of court of record, notary public, justice of the peace, mas- 
ter in chancery, or other officer authorized by the laws of 
such state, territory or district to take acknowledgment of 
deeds therein, or before any commissioner appointed by 
the governor of the state for such purpose, and if executed 
within the jurisdiction of any military post of the United 
States not within the state it may be acknowledged before 
and certified to by the commanding officer of the post. 
Acknowledgment may also be made in foreign countries 
before ambassadors or other United States officers exer- 
cising ministerial functions. 

WYOMING. 
STATUTE LAW RELATING TO DEEDS. 
Conveyances of land may be made by deed signed and 
sealed by the person from whom the interest is intended to 
pass in the presence of two w^itnesses, who shall subscribe 
their names to the same. The person executing a deed 
must acknowledge the execution thereof before any judge 
or commissioner of court of record, or before any notary 
public or before any justice of the peace in the state. All 
deeds should be recorded in the office of the county clerk 
and register of deeds in the county wherein the land is 
situated. A married woman may convey her real estate in 
like manner as if unmarried. 

STATUTE LAWS RELATING TO MARRIED 
WOMEN. 
A married woman has the same rights concerning prop- 
erty and to contract, sue, and be sued as if unmarried. 
She may also make a will the same as if she were single. 



924 INSTRUCTION IN REAL ESTATE 

She may also carry on business or trade of any kind, and 
perform any labor or services on her sole and separate 
property. The husband is not liable for the anti-nuptial 
debts of his wife, but the estate of the wife is liable for her 
anti-nuptial debts. The separate deed of the husband 
shall convey no interest in the wife's lands. The husband 
is liable for the support of his family, but if the wife order 
necessaries for the family, both may be sued and collec- 
tion enforced against the wife's property if the husband 
do not have sufficient. 

WARRANTY DEED. 

This deed, made this day of in the year of 

our Lord one thousand hundred between 

part., of the first part, and part., of the 

second part: 

Witnesseth, That the said part. . of the first part, for 

and in consideration of the sum of dollars, to 

in hand paid, by the said part. . of the second part, the 
receipt whereof is hereby confessed and acknowledged, 
ha., granted, bargained, sold and conveyed, and by these 
presents do. . grant, bargain, sell and convey unto the said 
part. . of the second part, and unto heirs and as- 
signs forever, all piece or parcel of land, situate, 

lying and being in the county of and state of Wy- 
oming, and more particularly known and described as 
follows, to wit : 

And the said part., of the first part hereby expressly 
waive and release any and all right, benefit, privilege, ad- 
vantage, and exemption, under and by virtue of any and 
all statutes of the state of Wyoming, providing for the ex- 
emption of homesteads from sale on execution or other- 
wise. 

To have and to hold the said above described premises 

unto the said part., of the second part, heirs and 

assigns forever. Together with the privileges, heredita- 
ments and appurtenances thereunto in any wise apper- 
taining or belonging. 



AND FIRE INSURANCE. 925 

And the said part., of the first part, for heirs, 

executors and administrators, do. . covenant and agree, to 

and with the said part, .of the second part, heirs 

and assigns, that at the ensealing and delivery of these 

presents well seized in the said premises, in and 

of a good and indefeasible estate, in fee simple. 

And they are free from all incumbrances whatsoever. . 

And that ha. . good and lawful right to sell and 

convey the same. And the said part. . of the first part 

will and heirs, executors and administrators shall 

warrant and defend the same against all lawful claim and 
demands whatsoever. 

And the said part.. of the first part, for heirs, 

executors and administrators, do covenant and 

agree to and with the said part. . of the second part, 

heirs and assigns, that the said part of the 

second part shall and may lawfully at all times hereafter 
peaceably and quietly have, occupy, possess and enjoy the 
said premises hereby granted, or intended so to be, with 
the appurtenances, without the lawful hindrance or mo- 
lestation of the part., of the first part, heirs or 

assigns, or of any other person or persons whatsoever, 
by or with his or their consent, privity or procurement. 

And the said wi. . . . of the said upon the 

consideration aforesaid, do. . hereby release and forever 

quit-claim unto the said part. . of the second part, 

heirs and assigns, all rights of dower and home- 
stead in and to the above granted premises. 

In witness whereof, the said parties of the first part have 
hereunto set their hands and seals, the day and year first 
above written. J. J. (seal.) 

Mary J. (seal.) 

Signed, sealed and delivered in the presence of 
E. A. 
R. M. 
State of Wyoming, County of , ss : 

I, (here name and official character) in and for said 



926 INSTRUCTION IN REAL ESTATE 

county, in the county and state aforesaid, do hereby cer- 
tify that said personally known to me as the per- 
son. . whose name., subscribed to the annexed instru- 
ment, appeared before me this day in person, and acknowl- 
edged that signed, sealed and delivered said in- 
strument of writing as free and voluntary act, for 

the uses and purposes therein set forth, and expressly 
waived and released all rights, title and benefit of exemp- 
tion under any and all homestead exemption laws, so called, 
of said state of Wyoming. 

And I further certify that said wife of the said 

was by me first examined separate and apart from 

, said husband in reference to the signing and ac- 
knowledging such deed, the nature and effect of said deed 

being explained to by me, and that being by 

me fully appraised of right, and of the efifect of 

signing and acknowledging said deed, did sign the same 

while so separate and apart from said husband, 

and did then acknowledge that freely and volun- 
tarily signed and acknowledged the same for the uses and 
purposes therein set forth, and expressly waived and re- 
leased all rights and advantages under and by vir- 
tue of all laws of said state of Wyoming, relating to the 
exemption of homesteads. 

Given under my hand and official (or notarial) seal, this 

day of , A. D., 19. . 

(Name and official character.) 

My commission expires , 19. . 

Note. The part relating to homestead exemption laws 
may be omitted if desired. If no married woman joins in 
executing the instrument omit the portion applicable to 
the wife. 

MORTGAGE FORM. 

This indenture witnessclh tliat A. P)., of party 

of the first part, (if the mortgage is that of a married man, 



AND FIRE INSURANCE. 927 

and the wife joins, as is commonly the case, to extinguish 
her (lower or other rights, insert "and Mary B., his wife," 
and make other corresponding changes below. And if the 
land mortgaged belongs to a married woman insert ''and 

, her husband," and make other necessary changes 

below), in consideration of dollars to him paid by 

C. D., party of the second part, the receipt whereof is 
hereby acknowledged, does hereby give, grant, bargain, 
sell, release, convey and confirm to the said C. D., his heirs 
("successors" instead of "heirs" if mortgage is to a cor- 
poration) and assigns forever, the following described, 

premises, situate in the of county of 

and state of , (describe it so that it may be accur- 
ately identified) and all the right, title and interest of the 
said A. B., either in law or equity, in and to the said prem- 
ises ; together with all the appurtenances to the same be- 
longing. To have and to hold the same unto the said C. D., 
his heirs, and assigns forever, and the said A. B., for him- 
self and his heirs, executors and administrators, hereby 
covenants with the said C. D., his heirs and assigns that 
he, the said A. B., is lawfully seized of the said premises, 
in fee simple, and has full right and power to convey the 
same, that the title and premises so conveyed are clear and 
unincumbered; (if there are any exceptions to this state 
them). And further, that he will warrant and defend the 
same against all claim or claims of all persons whomsoever. 
Provided, nevertheless, that whereas, the said A. B. has 
executed and delivered unto the said C. D., a certain 
(bond, promissory note, or as the case may be) bearing 
even date herewith (then proceed to further describe it so 
that it may be identified with certainty, or, if short, a copy 
of it may be here inserted, the fact being stated that it is a 
copy). 

Now if the said A. B., his heirs, executors, administrators 
or assigns shall pay the debt or sum of dollars and in- 
terest which shall accrue thereon to the said C. D., his 



928 INSTRUCTION IN REAL ESTATE 

heirs or assigns, according to the tenor thereof, then this 
mortgage shall be void. 

And in case default shall be made in the payment of the 
said principal sum of money hereby intended to be secured, 
or in payment of the interest thereof, or any part of such 

principal or interest, as above provided for days 

after it becomes due and payable, then the whole of the 
moneys owing under this mortgage shall become due and 
it shall and may be lawful for the said party of the sec- 
ond part, his heirs, executors, administrators or assigns, 
to sell and dispose of said above described premises and 
all the right, title, benefit and equity of redemption of said 
party of the first part, his heirs or assigns therein, at pub- 
lic auction, for cash, according to the statute in such 
case made and provided, and in the manner therein pre- 
scribed, and out of the money arising from such sale, to 
retain the said principal and interest, together with the 

costs and expenses of such sale, and dollars for 

attorney, solicitor or counsel fees, and the overplus, if any 
there be, shall be paid, by the party makmg such sale, on 
demand, to the said party of the first part, his heirs, exec- 
utors, administrators or assigns, and in any proceeding in 
equity to foreclose this mortgage, said solicitor fees shall 
be taxed as costs in said action. 

And the said Mary B., wife of the said B., upon the con- 
sideration aforesaid, does hereby release and forever quit 
claim unto said C. D., his heirs and assigns, all her rights 
of dower and homestead in and to the above granted prem- 
ises. 

In witness whereof, the said A. B has hereunto 

set his hand and seal this day of in the year 

of our Lord A. B. (seal.) 

Signed and acknowledged in presence of 
E. F. 
G. H. 
State of Wyoming, County of , ss : 

I, (here name and official character) in and for said 



AND FIRE INSURANCE. 929 

county, in the county and state aforesaid, do hereby cer- 
tify that said personally known to me as the per- 
son . . whose name . . subscribed to the annexed instru- 
ment, appeared before me this day in person, and acknowl- 
edged that signed, sealed and delivered said instru- 
ment of writing as free and voluntary act, for the 

uses and purposes therein set forth, and expressly waived 
and released all rights, title and benefit of exemption under 
any and all homestead exemption laws, so called, of said 
state of Wyoming. 

And I further certify that said , wife of the said 

, was by me first examined separate and apart from 

said husband in reference to the signing and ac- 
knowledging such deed, the nature and effect of said deed 
(or mortgage deed or as the case may be) being explained 
to by me, and that being by me fully ap- 
praised of right, and of the effect of signing and 

acknowledging said deed, did sign the same while so sepa- 
rate and apart from said husband, and did then 

acknowledge that freely and voluntarily signed 

and acknowledged the same for the uses and purposes 
therein set forth, and expressly waived and released all 

rights and advantages under and by virtue of all 

laws of said state of Wyoming, relating to the exemption 
of homesteads. 

Given under my hand and official (or notarial) seal, 

this day of A. D., 19. . 

(Name and official character.) 

My commission expires , 19. . 

- Note. The part relating to homestead exemption laws 
may be omitted if desired. If no married woman joins 
in executing the instrument omit the portion applicable 
to the wife. 

STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 
Chattel mortgages must be filed unless accompanied by 
immediate delivery. 



930 INSTRUCTION IN REAL ESTATE 

It shall be lawful to mortgage possessory claims to 
public lands and improvements thereon; mining claims 
and all such personal property as shall be fixed in its 
structure to the soil ; live stock and all other personal prop- 
erty. 

The mortgage remains in force for the term for which it 
was given and for sixty days thereafter. Thereafter it 
must, year by year, be renewed by proper proceedings. 

CHATTEL MORTGAGE. 

Know all men by these presents, that residing in 

county of , state of , party of the first 

part, being justly indebted to , residing in , 

party of the second part, in the sum of dollars, 

which is hereby confessed and acknowledged, has, for the 
purpose of securing the payment of said debt, granted, 
bargained, sold and mortgaged, and by these presents does 
grant, bargain, sell and mortgage unto the said party of 
the second part, his heirs, executors, administrators and 
assigns, all that certain personal property described as fol- 
lows, to wit: (Describe it and state where it is and in 
whose possession), all of which property the party of the 
first part covenants is free and clear from all liens and 
encumbrances (here mention Exemptions, if any) and the 
said party of the first part for himself, his heirs, executors, 
and administrators, all and singular, the goods, chattels 
and personal property above bargained and sold, unto the 
said party of the second part, his executors, administra- 
tors and assigns, against him the said party of the first 
part, and against all and every other person or persons, 
whomsoever, shall and will warrant and forever defend. 

To have and to hold, all and singular, said goods, and 
chattels, unto the said party of the second part, his heirs, 
executors, administrators and assigns, forever; provided, 
always, and these presents are upon this express condition : 
That if the said party of the first part shall pay or cause to 
be paid unto the said party of the second part, his heirs or 



AND FIRE INSURANCE. 93 1 

assigns, the sum of dollars, according to the con- 
ditions of two (or as the case may be) certain promissory 

notes, executed by payable to at , 

viz., $. . . . dated due with interest at .... 

per cent, per annum, until paid (or omitting all after 
''promissory notes" and inserting ''of which the following 
are copies" and then insert copies, or if the indebtedness 
is not represented by promissory notes, its character may 
be otherwise indicated). Then these presents to be void 
and of no effect, and as long as the conditions of this mort- 
gage are fulfilled, the said party of the first part is to re- 
main in peaceful possession of said property, and in con- 
sideration thereof agrees to keep said property in as good 
condition as it now is, at the cost and expense of said first 
party. 

In witness whereof, the said party of the first part has 

hereunto set his hand and seal, this day of , 

A. D., 19 (seal.) 

Signed and delivered in presence of 



STATUTE LAW RELATING TO BILLS OF SALE. 

A conditional sale of personalty is good between the par- 
ties, such as judgment attaching creditors and purchasers, 
without notice of the seller if he retain possession. 

There is no statute law relating to bills of sale, but there 
is a statute relating to conditional sales, making them 
good as to the parties to the sale, but not effective as to 
third parties attaching or levying the property if the ven- 
dor retain possession of the same, unless recorded. 

BILL OF SALE FORM. 

• Know all men by these presents, that I, A. B., of , 

in consideration of the sum of dollars to me in hand 

paid by C. D., of the same place, at and before the enseal- 
ing and delivering of these presents, the receipt whereof I 
do hereby acknowledge, (or if the consideration be dif- 



932 INSTRUCTION IN REAL ESTATE 

ferent state it), have bargained, sold, released, granted, 
and confirmed, and by these presents, do bargain, sell, re- 
lease, grant, and confirm, unto the said C. D., all the fol- 
lowing goods, household stuff, and implements of house- 
hold, (or as the case may be) (here describe each article 
so it can be identified) now remaining and being (men- 
tion where they are) to have and to hold all and singular 
the said goods and chattels, etc., and every one of them, 
by these presents bargained, sold, released, granted, and 
confirmed, unto the said C. D., his heirs, executors, admin- 
istrators, and assigns, to his and their only proper use 
and behalf forever. 

Witness my hand and seal, this fourth day of , 

A. D., 19.. A. B. (seal.) 

Signed, sealed and delivered in presence of 
E. G. 
A. R. 

STATUTE LAW RELATING TO LANDLORD 
AND TENANT. 
There exists no relation of landlord and tenant by im- 
plication or operation of law, except a tenancy by suffer- 
ance. A lease which has expired by its own limitation cannot 
be renewed without express contract in writing. 

A lease for more than one year must be in writing. 
The common law as to notice to quit applies in this state. 

LEASE FORM. 

This indenture made and executed this day of 

A. D., 19. ., between of , of the first part, and 

of , of the second part, witnesseth that in 

consideration of the rents and covenants hereinafter ex- 
pressed, the said party of the first part has demised and. 
leased, and docs hcre])y demise and lease to the said party 

of the second part the following premises, viz. : 

(describe them) with the privileges and appurtenances, for 
and during a term of from the day of 19. ., 



AND FIRE INSURANCE. 933 

which term will end And the said party of the 

second part covenants that he will pay to the party of the 
first part, for the use of said premises, "the yearly rent of 

dollars ($....), to be paid monthly in advance in 

equal installments, without demand therefor being made 
by the party of the first part. 

And provided, said party of the second part shall fail to 
pay said rent, or any part thereof, when it becomes due, 
it is agreed that said party of the first part may sue for the 
same, or re-enter said premises, or resort to any legal lemedy. 

The party of the part agrees to pay all 

taxes to be assessed on said premises during said term. . . . 

The party of the second part covenants that at the ex- 
piration of said term he will surrender up said premises to 
the party of the first part in as good condition as now, 
necessary wear and damage by the elements excepted. 

Witness the hands and seals of the said parties the day 
and year first above written. A. B. (seal.) 

C. D. (seal.) 

SigJied, sealed and delivered in presence of 
E. F. 
G. H. 

Note. Leases should be made in duplicate, one for each 
party. 

EXEMPTION AND HOMESTEAD LAWS. 
Every householder in the state, being the head of a fam- 
ily, shall be entitled to a homestead not exceeding in value 
the sum of $1,500, exempt from execution and attachment. 
In case of sale, on account of its greater value, $1,500 of 
proceeds are exempt. The tools, teams and implements 
or stock in trade of any person, not exceeding in value 
$300, are exempt. Necessary wearing apparel not exceed- 
ing in value v$ioo, family Bible, a lot in any burial ground 
and furniture, bedding, provision and such other articles 
as the debtor may select not exceeding in value the sum 
of $500. 



934 INSTRUCTION IN REAL ESTATE 

A'Vhen the claim is for purchase money, there is no ex- 
emption. 

STATUTE LAW RELATING TO FENCES. 

A land owner need not fence cattle out. Their owner 
must fence them in. A man, if he choose, may build and 
maintain within his own boundary on his own land a fence, 
and escape the obligation of maintenance as to the division 
fence. 

Fences made of three spans of barbed wire or two 
spans with a wooden rail on top, are lawful. 

STATUTE LAWS RELATING TO LIMITATION. 

Suits to recover land must be brought within ten years 
after the right accrued to the claimant. Actions upon a 
specialty, or any agreement, contract or promise in writ- 
ing, within five years, and all foreign claims, judgments 
or contracts, expressed or implied within two years. Upon 
contracts not in writing, expressed or implied within eight 
years. 

STATUTE LAW RELATING TO IRRIGATION. 

The public water courses of the. state have been meas- 
ured, and their unappropriated water became subject to 
the state of control, composed of the state engineer and 
the superintendents of the four water divisions. Permits to ap- 
propriate water are granted by the board, for irrigation and 
other beneficial purposes, the amount being governed by 
the character of the soil, kind of crops and extent of land. 

Rights of way may be condemned for ditches. 

DECEDENT'S DEBTS. 
All demands against the estate of any deceased shall be 
divided into the following classes : First, Funeral ex- 
penses, and expenses of administration; second, expenses 
of the last sickness, wages of servants, and demands for 
medicines and medical attendance, during the last sickness 



AND FIRE INSURANCE. 935 

of the deceased; third, judgments rendered against the 
deceased in his lifetime, but if any such judgments shall 
be liens upon the real estate of the deceased, and the estate 
shall be insolvent, such judgments as are liens upon the 
real estate, shall be paid as provided in this title, w^ithout 
reference to classification, except the classes of demands 
mentioned in the first and second sub-divisions of this 
section, shall have preference or precedence of such judg- 
ments ; fourth, all demands without regard to quality, 
w^hich shall be legally exhibited against the estate within 
six months after the granting of the first letters on the 
estate ; fifth, all demands not thus exhibited within one 
year, shall be forever barred saving to infants, persons of 
unsound minds, imprisoned or absent from the United 
States, three years after the removal of their disabilities. 

DISTRIBUTION OF PROPERTY WHEN NO WILL 

IS LEFT. 

Whenever any person having title to any real estate or 
property having the nature of real estate, or personal es- 
tate, indisposed or otherwise limited by marriage settle- 
ment, shall die intestate as to such estate, it shall descend 
and be distributed in parceny to his kindred, male and 
female, subject to the payment of his debts in the follow- 
ing course and manner, namely : If such intestate leave a 
husband or wife and children, or the descendants of any 
children, him or her surviving, one-half of such estate 
shall descend to such surviving husband or wife and the 
residue thereof to such surviving children and descendants 
of children, as hereinafter limited ; if such intestate leave 
a husband or wife and no children nor descendants of any 
children then the real and personal estate of such intestate 
shall descend as follows, to wit: Three-fourth thereof to 
the father and mother of the intestate, or the survivor of 
them. 

Provided that if the estate of such intestate real and 
personal, does not exceed in value the sum of ten thou- 



936 INSTRUCTION IN REAL ESTATE 

sand dollars, and such intestate have a husband or wife 
and no children nor descendants of any child, then the 
whole thereof shall descend to and vest in the surviving 
husband or wife, as his or her absolute estate, subject to 
the payment of the debts as aforesaid, except as above 
enumerated the estate of any intestate shall descend and be 
distributed as follows: i. To his children surviving and 
the descendants of his children who are dead (the descend- 
ants, collectively, taking the share which their parent 
would have taken if living). 2. If there be no children 
nor descendants, then to his father, mother, brothers and 
sisters, and to the descendants of brothers and sisters who 
are dead (the descendants, collectively, taking the share 
their parents would have taken if living), in equal parts. 
3. If there be no children, nor their descendants, nor fa- 
ther, mother, brothers, sisters, nor descendants of de- 
ceased brothers and sisters, nor husband or wife, living, 
then to the grandfather, grandmother, uncles, aunts, and 
their descendants (the descendants taking collectively the 
share of their immediate ancestors), in equal parts. All 
posthumous children or descendants of the intestate shall 
inherit in like manner as if born in the lifetime of the in- 
testate, if they are capable in law of taking as heirs at the 
time of the death of the intestate. Children and descend- 
ants of children of the half blood shall inherit the same 
as children of the whole blood but collateral relations of 
the half blood shall inherit only half the measure of col- 
lateral relatives of the whole blood, if there be any of the 
last named class living. 

DISTRIBUTION OF PROPERTY BY WILL. 

Any person of full age and sound mind may dispose by 
will of all his property, except what is sufficient to pay his 
debts or what is allowed by law to husband and family or 
wife and family. 

All wills to be valid must be in writing, or type—writing, 
witnessed by two competent witnesses, and signed by the 



AND FIRE INSURANCE. 937 

testator, or by some person in his presence and by his ex- 
press direction. 

A petition for the probate of a will must show : 
I. The jurisdictional facts. 2. Whether the person named 
as executor consents to act or renounce his right to letters 
testamentary. 3. The names, ages and residence of the 
heirs and devisees of the decedent, so far as known to the 
petitioner. 4. The probable value and character of the 
property of the estate. 5. The name of the person for 
whom letters testamentary are prayed. Nuncupative will 
may at any time within six months after the testamentary 
words are spoken by the decedent, be admitted to probate, 
on the petition and notice as provided for the probate of 
other wills, the petition in addition to the jurisdictional 
facts, must allege that the testamentary words or the sub- 
stance thereof were reduced to writing within thirty days 
after they were spoken. 

Probate of a will may be contested within one year, 
after a will has been admitted to probate 

A devise of real estate to a person without referring to. 
his heirs or using words of inheritance or perpetuity passes 
all the estate of the testator therein, unless a contrary in- 
tent appear. The real estate acquired by a testator after 
making his will shall pass as a general devise, unless a con- 
trary intention be manifest on the face of the will. If there 
be a devise or legacy in favor of a child or other lineal 
descendant, or where there is no lineal descendant, in favor 
of a brother or sister or the children of a deceased brother 
or sister, it shall not lapse or become void by reason of the 
devisee or legatee dying in the lifetime of the testator, pro- 
vided such devisee or legatee leave issue surviving the testa- 
tor, and in such case the issue will take the devise or legacy. 

NOTARY PUBLIC. 
Applicant must be of good moral character over 21 years 
of age, a citizen of the United States, a resident of the 
county for which appointed and must be able to read and 



93^ INSTRUCTION IN REAL ESTATE 

write the English language. Appointment is made by the 
governor on application of five or more freeholders of the 
county where applicant resides. A fee of $5.00 and a bond 
for $500 are required. Term of office, four years. Fees — 
protest $1.00; notice of protest, 50 cents; taking acknowl- 
edgment of two persons, 50 cents ; each additional person, 
25 cents ; administering oath, 25 cents. 

LAW CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE STATE. 

Acknowledgments made out of the state of deeds, mort- 
gages and other instruments concerning land for recording 
in Wyoming, may be made before any officer or magis- 
trate in the United States authorized to take acknowledg- 
ments by the local law, but if such officer has no seal, a cer- 
tificate of his authority so to act and of the genuineness of 
the signature appended to the acknowledgment must be 
added by the clerk of a court or a county clerk of the same 
place. 

They may be made in foreign countries before a consul 
general, consul or vice consul of the United States. 

BRITISH COLUMBIA. 

STATUTE LAW RELATING TO DEEDS. 

Transfer of real estate is made by deed under short form 
act and must be signed by grantor or his duly authorized 
attorney and a seal is not required. The deed should be 
registered forthwith to prevent further dealings wath the 
property by the same grantor or others claiming under him. 
Only one witness is required and must be duly acknowl- 
edged before a commissioner or notary public before regis- 
tration, when a certificate of title will be issued to the 
owner. 

Any person being the head of a family, a widow or a 
single man (ncr eighteen years of age, being a British sub- 
ject or any alien upon making a declaration of his inten- 



AND FTRF. INSURANCE. 939 

tion to become a Britisli subject may take up land not ex- 
ceeding 320 acres for agricultitral purposes by placing four 
legal posts at each corner thereof and inscribe his name 
and the angle represented by each and record same in the 
office of the assistant commissioner for the district by mak- 
ing a written application therefor and an affidavit of the 
facts and his intention in reference thereto. The applicant 
must enter into occupation thereof within thirty days and 
so continue for five years except that he may be absent 
for two months in any one year, and make permanent im- 
provements thereon to the value of two dollars and fifty 
cents per acre and bring ten acres under cultivation and 
after having same surveyed and paid one dollar per acre 
therefor to the government he may obtain a crown grant 
thereof and until the same is issued no transfer thereof can 
be made to the settler. In case of his death before crown 
grant issued his heirs or devisees are entitled to the same. 

STATUTE LAWS RELATING TO MARRIED 
WOMEN. 

A married woman may hold real and personal property 
as if single, may bind her separate estate by contract and 
may sue or be sued alone. She has full control of the prop- 
erty possessed by her at the time of her marriage or ac- 
quired afterwards. A married woman may make her will, 
which takes effect as if it had been made immediately be- 
fore the death of the testator.. The separate estate of a 
married woman dying intestate is distributed as the prop- 
erty of the husband would be. The husband is liable for 
the debts of his wife, and for the contracts entered into and 
wrongs committed by her before marriage to the extent of 
all property acquiring through his wife. Special provi- 
sions exist for the determination of disputes between hus- 
band and wife in a summary way by a judge of the su- 
preme court. 

A married woman is capable of acquiring, holding and 
disposing by will or otherwise of any real or personal prop- 



940 INSTRUCTION IN REAL ESTATE 

erty as her separate property in the same manner as if 
she were single. 

A married woman is capable of entering into contract 
and rendering herself liable in respect of and to the extent 
of her separate property and of suing and being sued as 
if she were single. 

A married woman may act as executrix, administratix 
or trustee alone or jointly with any other person of the 
estate of a deceased person without her husband. 

A married woman and her husband may convey property 
from one to the other without the intervention of a trustee. 

The separate personal property of a married woman, 
dying intestate, shall be distributed in the same proportions 
between her husband and children as the personal prop- 
erty of a husband dying intestate is to be distributed be- 
tween his wife and children. 

WARRANTY DEED. 

This indenture, made the day of in the 

year of our Lord one thousand nine hundred and 

In pursuance of the ''Real Property Conveyance Act," 

between hereinafter called the grantor, of the first 

part, and hereinafter called the grantee, of the 

second part, witnesseth, that in consideration of 

dollars now paid by the said grantee, to the said grant6r 

(the receipt whereof is hereby acknowledged), 

the said grantor do grant unto the said grantee 

heirs and assigns forever: All and singular the. . . 



certain parcel or tract of land and premises siti^ate, lying 
and being (describe it.) 

To have and to hold unto the said grantee 

heirs and assigns, to and for sole and only use for- 
ever: Subject nevertheless to the reservations, limita- 
tions, provisos, and conditions expressed in the original 
grant thereof from the crown. 

The said grantor covenant with the said grantee that 
ha. . . the right to convey the said lands to the said 



AND FIRE INSURANCE. 94I 

grantee notwithstanding any act of the said grantor. . . 
and the said grantee shall have quiet possession of the said 
lands, free from all incumbrances! 

And the said grantor. . . covenant. . . with the said grant- 
ee that will execute such further assurance of the 

said lands as may be requisite. 

And the said grantor. . . covenant. . . with the said grant- 
ee that ha... done no act to encumber the said 

lands. 

And the said grantor. . . release to the said grantee all 
claims upon the said lands. 

In witness whereof the said parties hereto have hereunto 
set their hands and seals. 

(seal.) 

Signed, sealed and de- 
livered in the presence of 

(name.) 

(residence.) 

(occupation.) 



Received on the day of the date of this indenture from 

the therein mentioned grantee the sum of dollars, 

being the full consideration. 



Witness. 



I hereby certify that personally known to me, 

appeared before me and acknowledged to me that 

the person mentioned in the annexed instrument as the 
maker thereof, and whose name subscribed there- 
to as party that knows the contents thereof, and 

that executed the same voluntarily, and is of the 

full age of twenty-one years. 

In testimony whereof, etc., I have hereunto set my hand 
and seal of office, at British Columbia, this 



942 . INSTRUCTION IN REAL ESTATE 

day of ill the year of our Lord one thousand nine 

hundred and .... 

(Seal) 

Note. Where the person making- the acknowledgment is 
not known to the officer taking the same, instead of 
the words "personally known to me" insert the words 
"proved by the evidence on oath (or affirmation) of E. F." 

I hereby certify that personally known to me, 

appeared before me and acknowledged to me that 

is the person whose name is subscribed to the annexed in- 
strument as witness, and that is of full age of 

twenty-one years, and having been duly sworn by me, did 

prove to me that did execute the same in 

presence voluntarily. 

In testimony whereof, I have hereunto set my hand and 

seal of office at British Columbia, this day 

of in the year of our Lord one thousand nine hun- 
dred and .... 

(Seal) 

ACKNOWLEDGMENT FOR MARRIED WOMEN. 

I hereby certify that personally known to me 

to be the Avife of appeared before me, and being 

first made acquainted wath the contents of the annexed in- 
strument, and the nature and effect thereof, acknowledged 
on examination, and apart from and out of the hearing of her 
said husband, that she is the person mentioned in such in- 
strument as the maker thereof and whose name is sub- 
scribed thereto as party, that she knows the contents and 
understands the nature and eft'ect thereof, without fear or 
compulsion or undue influence of her said husband, that she 
is of full age and competent understanding, and does not 
wish to retract the execution of the said instrument. 

In witness whereof, I have hereunto set my hand and 
seal of office, at British Columbia, this 



AND FIRE INSURANCE. 943 

day of in the year of our Lord one thousand nine 

hundred and . . . 

(Name and official character.) 

MORTGAGE FORM. 

This indenture made the day of one 

thousand nine hundred and ... in pursuance of the act re- 
specting short forms of mortgages, between of 

hereinafter called the mortgagor, of the first part, 

and of hereinafter called the mortgagee, 

of the second part. 

Witnesseth that in consideration of dollars of 

lawful money of Canada, now paid by the said mortgagee 
to the said mortgagor, the receipt whereof is hereby ack- 
nowledged, the said mortgagor doth grant and mortgage 
unto the said mortgagee his heirs and assigns forever all 
(here insert parcels and descriptions thereof.) 

Provided : this mortgage to be void on payment of 

dollars of lawful money of Canada with interest at 

per cent, as follows : and taxes and performances 

of statute labor. 

The said mortgagor covenants with the said mortgagee : 
That the mortgagor will pay the mortgage money and in- 
terest and observe the above proviso, that the mortgagor 
has a good title in fee simple to the said lands and that he 
has the right to convey the said lands to the said mortga- 
gee ; and that on default the mortgagee shall have quiet 
possession of the said lands free from incumbrances and 
that the said mortgagor Avill execute such further assur- 
ances of the said lands as may be requisite : And that the 
said mortgagor has done no act to encumber the said lands ; 
and that the said mortgagor will insure and keep insured 
the buildings on the said lands to the amount of not less 

than dollars currency ; provided, that until default 

of payment the mortgagor shall have quiet possession of 
the said lands. 

In witness whereof the parties hereto have hereunto set 



944 INSTRUCTION IN REAL ESTATE 

their hands and seals the day and year first above written. 

(seal) 

(seal) 

Signed, sealed, and delivered 

in presence of 



I hereby certify that personally known to me, ap- 
peared before me and acknowledged to me that 

the person mentioned in the annexed instrument as the 
maker thereof, and whose name. . . . subscribed thereto as 

party knows the contents thereof, and that 

executed the same voluntarily, and is of the full age of 
twenty-one years. 

In testimony whereof, I hereto set my hand and seal of 

office, at , British Columbia, this day of 

in the year of our Lord one thousand nine hun- 
dred and .... 

(seal) 

I hereby certify that ........ personally known to me, 

appeared before me and acknowledged to me that 

is the person whose name is subscribed to the annexed in- 
strument as witness, and that is of full age of twen- 
ty-one years, and having been duly sworn by me, did prove 
to me that did execute the same in pres- 
ence voluntarily. 

In testimony whereof, I have hereunto set my hand and 

seal of office, at , British Columbia, this day 

of in the year of our Lord one thousand nine 

hundred and . . . 

(seal.) 

Note. Where the person making the acknowledgment is 
not personally known to the officer taking the same, in- 
stead of the words ''personally known to me" insert the 
words ''proved by the evidence on oath (or affirmation) 
of E. F." 



AND FIRE INSURANCE. 945 

FOR MARRIED WOMEN. 

I hereby certify that personally known to me 

to be the wife of appeared before me, and being 

first made acquainted with the contents of the annexed in- 
strument, and the nature and effect .thereof, acknowledged 
on examination, and apart from and out of the hearing of 
her said husband, that she is the person mentioned in such 
instrument as the maker thereof and whose name is sub- 
scribed thereto as party, that she knows the contents and 
understands the nature and effect thereof, without fear of 
compulsion or undue influence of her said husband, that 
she is of full age and competent understanding, and does 
not wish to retract the execution of the said instrument. 

In testimony whereof, I have hereto set my hand and 

seal of office, at , British Columbia, this day 

of in the year of our Lord one thousand nine 

hundred and . . . 

(Name and official character.) 

CHATTEL MORTGAGE. 

Is the same as the Bill of Sale adding the following: 
provided, always, and this indenture is upon this express 
condition : That if the said party of the first part shall pay 
or cause to be paid unto the said party of the second part, 

his heirs, or assigns, the sum of dollars, according 

to the conditions of two (or as the case may be) certain 

promissory notes, executed by payable to 

at viz. $.... dated due with 

interest at .... per cent per annum, until paid. Then this 
indenture to be void and of no effect. And as long as the 
conditions of this mortgage are fulfilled, the said party of 
the first part is to remain in peaceful possession of said 
property, and in consideration thereof agrees to keep said 
property in as good condition as it now is, at the cost and 
expense of said first party. 



946 INSTRUCTION IN REAL ESTATE 

STATUTE LAW RELATING TO BILLS OF SALE. 

Bills of sale of chattels whether absolute or conditional 
must be certified by a special affidavit by one of the attest- 
ing witnesses and must be registered within twenty-one 
days after execution in the office of the clerk of the county 
court of the district. 

Such formalities are not necessary if the transfer of the 
chattels is completed by actual delivery. Registration must 
be renewed every five years. These provisions do not ap- 
ply to bills of lading, warehouse certificates, warrants, or 
orders, for the delivery of goods or other documents used 
in commerce as proof of the possession or control of goods. 

BILL OF SALE. 

This indenture made the day of 

in the year of our Lord, one thousand nine hundred and 

. . . between of part of the first part 

and of part of the second part. 

Whereas the said part... of the first part is possessed 
of the hereinafter set forth described and enum- 
erated, and have contracted and agreed with the said part. . 

of the second part for the absolute sale to of 

the same, for the sum of 

Now this indenture witnesseth, that in pursuance of 
the said agreement, and in consideration of the sum of 

of lawful money of Canada, paid by the said 

part ... of the second part to the said part. . . of the first 
part, at or before the sealing and delivery of these presents, 

(the receipt whereof is hereby acknowledged) the 

said part. . . of the first part ha. . bargained, sold, assigned, 
transferred and set over, and by these presents do .... bar- 
gain, sell, assign, transfer and set over unto the said part. .. 
of the second part executors, administrators and as- 
signs. (Dccribe property.) 

All those the said all which said chattels and 

efifects are contained in a dwelling house situate and be- 
ing 



AND FIRE INSURANCE. 947 

And all the right, title, interest property, claim and de- 
mand whatsoever, both at law and in equity, or otherwise 

howsoever, of the said part. . . of the first part of, 

in, to and out of the same, and every part thereof: 

To have and to hold the said hereinbefore assigned.... 
and every one of them and every part thereof, with the ap- 
purtenances and all the right, title, and interest of the 
said part. . . of the first part thereto and therein, as afore- 
said, unto and to the use of the said part. . . of the second 

part executors, administrators and assigns, to and 

for sole and only use forever : 

And the said part... of the first part do... hereby for 
.... heirs, executors and administrators, covenant, prom- 
ise and agree with the said part... of the second part, 

executors and administrators, in manner following, 

that is to say : That the said part. . . of the first 

part now rightly and absolutely possessed of and 

entitled to the said hereby assigned . . . and every one of 
them and every part thereof; and that the said party of the 
first part now ha. . in .... good right to assign the same 
unto the said part. . . of the second part execu- 
tors, administrators and assigns, in manner aforesaid, and 
according to the true intent and meaning of these pres- 
ents ; and that the said part... hereto of the second part 

executors, administrators and assigns, shall and 

may from time to time, and at all times hereafter, peace- 
ably and quietly, have, hold, possess and enjoy the said 
hereby assigned... and every one of them and every part 

thereof, to and for own use and benefit, without 

any manner of hindrance, interruption, molestation, claim 

or demand whatsoever of, from or by the said 

part. . . of the first part, or any person or persons whom- 
soever ; and that free and clear, and freely and absolutely 
released and discharged or otherwise, at the costs of the 
said part. . . of the first parf, efifectually indemnified from 
and against all former and other bargains, sales, gifts, 
grants, titles, charges and encurnbrances whatsoever: 



948 INSTRUCTION IN REAL ESTATE 

And moreover that the said part. . . of the first 

part and all persons rightfully claiming or to claim any 
estate, right, title, or interest of, in or to the said hereby 
assigned . . and every one of them, and every part thereof, 
shall and v^^ill from time to time and at all times hereafter, 
upon every reasonable request of the said part... of the 

second part executors, administrators or assigns, 

but at the cost and charges of the said part. . . of the sec- 
ond part, make, do and execute, or cause or procure to be 
made, done and executed all such further acts, deeds and 
assurances for the more effectually assigning and assur- 
ing the said hereby assigned... unto the said part... of 
the second part executors, administrators or as- 
signs, or his counsel, shall be reasonably advised 

or required. 

In witness w^hereof, the said parties to these presents 
have hereunto set their hands and seals the day and year 
first above written. 

(Signature and seals.) 



Signed, sealed and delivered 
in the presence of 



I hereby certify that personally known to me, 

appeared before me and acknowledged to me that 

the person mentioned in the annexed instrument as the 
maker thereof, and whose name... subscribed thereto as 

party that knows the contents thereof, and that 

executed the same voluntarily, and is of the full age 

of twenty-one years. 

In testimony whereof, I have hereunto set my hand and 

seal of office, at British Columbia, this 

day of in the year of Our Lord one thousand 

nine hundred and . . , , 

, (seal.) 



AND FIRE INSURANCE. 949 

I hereby certify that personally known to me, 

appeared before me and acknowledged to me that 

is the person whose name is subscribed to the annexed 

instrument as witness, and that is of full age of 

twenty-one years, and having been duly sworn by me, did 

prove to me that did execute the same in 

presence voluntarily. 

In testimony whereof, I have hereunto set my hand and 

seal of office, at British Columbia, this 

day of in the year of Our Lord one thousand 

nine hundred and .... 

.(seal.) 

Note. Where the person making the acknowledgment is 
not personally known to the officer taking the same, instead 
of the words "personally known to me" insert the words 
''proved by the evidence of oath (or affirmation) of E. F." 

MINERAL CLAIM TRANSFER. 

Know all men by these presents, that I of 

owner of Free Miner's Certificate No issued at 

dated 19. . . for and in consideration of the sum 

of dollars ($....) of lawful money, to me 

in hand paid, the receipt whereof is hereby acknowledged, 
do by these presents, bargain, sell, assign and transfer 
unto of and his heirs, executors, administra- 
tors and assigns, that certain situated to- 
gether will all the privileges and appurtenances thereto 
belonging or appertaining, located the .... day of .... A. 

D., 19. . recorded at upon the day 

A. D. 19. . . and I hereby covenant that I have a 

good title to the mineral claim aforesaid and right to trans- 
fer the same. 



95C> INSTRUCTION IN REAL ESlTATE 

In witness whereof I have hereunto set my hand and 
seal this day of A. D. 19. . . at 

Witness : 

(seal.) 

(seal.) 

British Columbia, to-wit : 

I of the in make oath and 

say 

► I. That I was personally present and did see 

named in the within instrument who personally 

known to me to be the person named therein, duly sio;n, 
seal and execute the same for the purpose named therein. 
2. That the same was executed on the da}^ of the date 

thereof at aforesaid in said . and that I am 

the subscribing witness hereto arid am of the full age of 
sixteen years. 

3 That know the said and he is in my 

belief of the full age of twenty-one years. 

Sworn before me at in the this 

day of 19 . . . 



STATUTE LAW RELATING TO LANDLORD AND 

TENANT. 
All personal property on the premises leased, including 
growing crops, may be distrained and also any goods 
fraudulently carried off the premises within thirty days 
after, unless there has been a bona fide sale for valuable 
consideration. If the goods are seized, the tenant or owner 
has five days in which to replevy. The goods distrained 
must be valued and sold. Any surplus remains for the 
owner. If goods are sold to the tenant under a duly filed 
agreement for hire or conditional sale, the claim of the 
landlord is limited to three months' rent. In any case of 
distress for rent a lodger may serve notice that certain 
goods are his and on payment to the landlord of the 
amount the lodger owes the goods are released. Double 



AND FIRE INSURANCE. 951 

damages and costs may be recovered against the wrong- 
ful distrainer. 

FORM OF LEASE. 

This indenture made the (date) in pursuance of the 
Leaseholds act, between (parties and their locations). 

Witnesseth, that the said lessor doth demise and 

lease unto the said lessee, his executors, administrators 
and assigns, all and singular (describe the property) from 

the day of for the term of thence 

ensuing Yielding therefor, during the said term 

the rent of 

That the said lessee. . . . covenant with the said lessor. . . . 
to pay rent. . And to pay taxes 

And to repair. (Reasonable wear and tear and damage 
from fire and tempests alone excepted.) 

And that the said lessor., may enter and view state of 
repair, and that the said lessee., will repair according to 
notice. . . , 

And will not carry on or allow to be carried on any dan- 
gerous or offensive trade during the said term on said 
premises, and the following business shall be considered 
offensive, viz : 

And will not assign without leave. 

And that he will leave the premises in good repair. 

Proviso for re-entry by the said lessor. . on non-pay- 
ment of rent or non-performance of covenants. 

The said lessor. . covenant with the said lessee. . for 
quiet enjoyment. . 

In witness whereof the parties to these presents have 
hereunto set their hands and seals the day and year first 
above written. 



Signed, sealed and delivered 
in presence of 
A. B. 
C. D. 



952 INSTRUCTION IN REAL ESTATE 

EXEMPTION AND HOMESTEAD LAWS 

A homestead may be duly registered as such in accord- 
ance with the statute to the value of $2,500 and is exempt 
from seizure. In case of intestacy, the homestead passes to 
the widow, and minor children, or to the widow if no 
children, or to the children if no widow. 

Personal property to the value of $500 is also exempt 
from seizure, the debtor being entitled to select, but this 
exemption does not apply to traders to enable them to 
claim, as an exemption, any goods forming part of their 
stock in trade. 

STATUTE LAW RELATING TO FENCES. 

A land owner must fence cattle out. Owners of adjoin- 
ing lands are bound to maintain boundary fences and water 
courses. In case of disputes, three fence viewers act as 
arbitrators. A lawful fence must be at least four feet nine 
inches high throughout, above the general surface of the 
ground, and substantially constructed of either stone, 
brick, earth, wood, or iron, or partly of any one or more 
of these materials ; and if made of horizontal bars, boards 
or rails, of wood or iron, shall consist of such dimensions 
so as not to leave more than six inches between the several 
bars or rails respectively, up to the height of three feet from 
the surface of the ground, and for the remainder of the 
fence not more than twelve inches between said bars or 
rails. Provided, also, that any natural boundary which 
shall be sufficient to prevent the passage of cattle into en- 
closures shall be treated as a lawful fence. 

STATUTE LAW RELATING TO LIMITATION. 

Suits to recover lands or rents must be brought within 
twenty years after right of action accrued to the claimant 
or to the person through whom he claims. 



AND FIRE INSURANCE. 953 

DISTRIBUTION OF PROPERTY WHEN NO WILL 

IS LEFT. 
Distribution of surplusage of intestate's estates shall be 
made in the following manner: 

I One-third to the wife and residue between the children 
equally or their legal representatives in case any of the 
children be dead. 

2. If there be no children or legal representatives then one- 
half to the wife and the remainder equally to the next of 
kin in equal degree. 

3. If no wife the whole equally amongst the children and 
if neither wife or children to the next of kin in equal de- 
gree and their legal representatives. 

4. If after the death of a father any of his children die in- 
testate without wife or children in the lifetime of the 
mother every one or their representative shall have an equal 
share with her. 

No distribution of the surplusage shall be made until one 
year after death of the intestate. 

A person wishing to obtain a homestead may do so by 
lodging a notice to that effect of registration of a certain 
parcel of land in the deed registry office of the district and 
after such registration it shall be free from forced seizure or 
sale by process of law on account of any debt or liability 
incurred thereafter. At the death of the owner of a home- 
stead intestate it shall pass to the widow during the minor- 
ity of the children or while she remains unmarried. It 
shall not be sold during such minority or widowhood for 
payment of any debt contracted after registration. 

If he ieave a widow and no children she shall be entitled 
absolutely and if children only then they shall be entitled 
in equal shares divisible when the youngest attains the age 
of twenty-one years. 

Owner of homestead may abandon mortgage or sell the 
same and if a married man must have the consent of his 
wife if a resident in the province. 



954 INSTRUCTION IN REAL ESTATE 

Personal property is exempt from seizure or sale by pro- 
cess of law to the value of five hundred dollars, except 
identical goods in respect of which the debt was con- 
tracted. 

In case of death of owner of real estate without laAvful 
disposition of same it shall pass. i. To lineal descendants 
and those claiming by share per stirpes. 2. To his father. 
3. To his mother. 4. To collateral relatives. 

If intestate die without lawful descendants and leaving 
a father the inheritance shall go to him unless it came on 
part of the mother and she be living, and if she be dead it 
shall go to the father for life and reversion to brothers and 
sisters according to the law of inheritance and if no brothers 
and sisters or their descendants be living then to the father. 

If father be not living but a mother and brother or sis- 
ter or descendant thereof then to mother for life and rever- 
sion to brother or sister and descendants and if none such 
then to the mother. 

If neither father or mother be living then to collateral 
relatives. If all brothers and sisters be living, to them 
equally or descendants of such that may be dead. Rela- 
tives of the half blood inherit equally with those of the 
whole blood in the same degree. Descendants of intes- 
tate begotten before his death but born after, inherit as if 
born in his lifetime. Rights of widow to dower and hus- 
band to curtesy out of his deceased wife's land are not af- 
fected. 

DISTRIBUTION OF PROPERTY BY WILL. 
It is lawful for every person over the age of twenty-one 
years to devise, bequeath or dispose of by will all real 
and personal estate of every kind and description of which 
he shall die possessed or be entitled to at the time of his 
death and no will shall be valid unless in writing and signed 
l)y the testator at the foot thereof or by some one 
in his pres'ence and by his direction and acknowledged by 
the testator in the presence of two or more witnesses pres- 



AND FIRE INSURANCE. 955 

ent at tlie same time who shall subscribe tlie will in the 
presence of the testator. 

Any devise or gift to a wntness or wife or hiis])and of 
a witness is void although the witness may be admitted to 
prove the w^ill. 

A creditor or executor may be a witness. A wnll made 
by a man or woman is revoked by his or hvv marriage. 

A will may be revoked by another will or codicil executed 
in the same manner as a will or by some w^riting declaring 
an intention to revoke it or by burning, tearing or destroy- 
ing it w^ith the intention of revoking the same. A testator 
may sign by making his sign or cross. 

A devise of real estate v^^ithout any words or limitation 
pass the fee simple or the wdiole estate of the testator there- 
in unless a contrary intention appear. 

Unless a contrary intention appear a will is construed to 
speak and take efifect as if it had been executed immediately 
before the death of the testator. 

Whero a devisee dies in the lifetime of the testator, leav- 
ing issue, the devise shall not lapse but such issue take 
the share of the devisee. 

LAW CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE PROVINCES. 
Acknowdedgments of deeds, mortgages and other instru- 
ments concerning real estate for registration in the prov- 
ince may be made out of the province and within the Brit- 
ish dominions before a judge or registrar of any court hav- 
ing a seal, a notary public or any magistrate having a seal 
of office and without the British Dominions before any 
British ambassador, charge d'afifairs, or minister, consul 
or consular agent, appointed to reside in the country where 
such acknowdedgment is made or to any judge of any court 
of record, having a seal, or to any notary public practicing 
in such country certified to be a notary public by some 
British ambassador etc., or governor of the state, province 
or territory. 



956 INSTRUCTION IN REAL ESTATE 

NEW BRUNSWICK. 

STATUTE LAW RELATING TO DEEDS. 

Deeds as against subsequent mortgagees or purcliasers 
for value, are void until registered; and if the subsequent 
deed, mortgage, or memorial of judgment be first registered 
it takes precedence. 

Deeds must be under seal. They are valid without a 
witness. The execution must be acknowledged by the 
grantor or instead, if witnesses, it may be proved by 
oath, affidavit, affirmation, or declaration, by the witness 
before a proper officer; but this is seldom if ever done 
unless the grantor has died since the execution of the 
deed. A wife who does not join in her husband's deed 
may have dower in the land after his death. 

STATUTE LAW RELATING TO MARRIED 
WOMEN. 

A married woman has the same right to contract, sue 
and be sued, acquire and dispose of property, as if she was 
single ; but this power does not affect her .husband's right 
as tenant by curtesy. 

Every married woman shall have in her own name 
against all persons, including her husband, the same reme- 
dies for the protection of her separate property as if she 
were single ; except as aforesaid, husband and wife shall 
not sue each other in an action of tort. 

She may hold and dispose of, as her separate property, 
wages, money or property acquired by her in any trade or 
calling carried on by her, in which her husband has no 
proprietary interest, or by the exercise of literary, artistic 
or scientific skill. 

She may in many cases obtain an order entitling her to 
the earnings of her minor children. 

The husband in all cases is entitled to the right of tenant 
by curtesy as provided by common law. 

And nothing in the laws of New Brunswick in any way 



AND FIRE INSURANCE, 957 

interferes with marriage settlements or agreements for 
a settlement, or render inoperative any restriction against 
anticipation ; but no restriction made by a married woman 
shall have any validity against debts contracted by her 
before marriage. 

WARRANTY DEED. 

This indenture made the day of in the 

year of our Lord one thousand nine hunderd and .... 

between J. J., of the city of in the state of 

and Mary, his wife, parties of the first part, and W. B., of 

, and state aforesaid, of the second part; wit- 

nesseth, that the said parties of the first part, for and in 

consideration of the sum of dollars, lawful money of 

Canada, to them in hand paid by the said party of the 
second part, at and before the ensealing and delivery 
hereof, the receipt whereof they do hereby confess and 
acknowledge, have granted, bargained, sold, aliened, re- 
leased, and confirmed, and by these presents, do grant, 
bargain, sell, alien, release, and confirm unto the said party 
of the second part, and to his heirs and assigns, all that 
certain messuage or tenement and tract of land situated 

in township, in the county of , and state 

aforesaid, bounded as follows, viz : Beginning at a birch, 
thence by land, of S. S., south one hundred perches to a 
beech, thence by land of T. B., east eighty perches to a 
post, thence by land of same, etc., etc., to the place of be- 
ginning, containing fifty acres, neat measure, (or otherwise 
as the case may be.) It being the same premises (or part 
of the same) which R. R. and Mary, his wife, by inden- 
ture bearing date the day of A. D., 19. . ., 

did grant and confirm to the said J. J., (party hereto), 
his heirs and assigns, forever ; as in and by the said in 
part recited indenture, recorded in the office for recording 

of deeds, at in the county of in deed 

book M, vol. 2 page 341, etc., more fully at large appears. 
(Here may be inserted the whole chain of title.) To- 



95^ INSTRUCTION IN REAL ESTATE 

gether with all and singular the rights, liberties, privileges, 
hereditaments, and appurtenancees whatsoever thereunto 
belonging or in or in any wise appertaining, and the rever- 
sions and remainders, rents, issues, and profits thereof; 
and also all the estate, right, title, interest, property, claim, 
and demand whatsoever, of them, the said J. J. and Alary 
his wife, in law, or equity, or other wise howsoever, of in, 
to, or out of the same. To have and to hold the premises 
hereby granted, or mentioned or intended so to be, w4th 
the appurtenances, (if there be any exceptions, insert them 
here,) unto the said party, of the second part, his heirs and 
assigns, to the only proper use and behoof of the said party 
of the second part, his heirs and assigns, forever. (Here 
insert any covenants that may be desired.) and the said 
J. J., for himself, his heirs, executors and administrators, 
doth covenant, promise, and agree to and with the said 
W. B., his heirs and assigns, by these presents, that he, 
the said J. J. and his heirs, the said above-mentioned prop- 
erty against every other person or persons whomsoever, 
lawfully claiming or to claim the same or any part or par- 
cel thereof, (If it is desired to make the warranty apply 
only against the grantor, his heirs or assigns insert the 
words "by form, or under them, or any of them,") shall 
and will warrant and forever defend by these presents. 

In witness whereof, the said parties of the first part have 
hereunto set their hands and seals, the day and year first 
above mentioned. 

J. J. (seal.) 
Alary J. (seal.) 

Signed, sealed and deliv- 
ered in the presence of 
E. A. 
R. M. 

I hereby certify that personally known to me, 

appeared before me and acknowledged to nic that 

the person mentioned in the annexed instrument as the 



AND FIRE INSURANCE. 959 

maker thereof, and whose name... subscribed thereto as 

party that knows the contents thereof, and that 

executed th*e same voluntarily, and is of the full 

age of twenty-one years. 

In testimony whereof, I have hereunto set my hand and 

seal of office, at New Brunswick, this day 

of in the year of Our Lord one thousand nine 

hundred and 

(seal.) 

ACKNOWLEDGMENT FOR MARRIED WOMEN. 

I hereby certify that personally known to me 

to be the wife of appeared before me, and being 

first made acquainted with the contents of the annexed in- 
strument, and the nature and effect thereof, acknowledged 
on examination, and apart from and out of the hearing of 
her said husband, that she is the person mentioned in such 
instrument as the maker thereof and whose name is sub- 
scribed thereto as party, that she knows the contents and 
understands the nature and effect thereof, that she exe- 
cuted the same voluntarily without fear of compulsion or 
undue influence of her said husband, that she is of full age 
and competent understanding, and does not wish to retract 
the execution of the said instrument. 

In testimony whereof, I have hereunto set my hand and 

seal of office, at New Brunswick, this day 

of in the year of Our Lord one thousand nine 

hundred and 

(Name and official character.) 



MORTGAGE FORM. 

This indenture made the day of one 

thousand nine hundred and , in pursuance of the 

act respecting short forms of mortgages, between 

of hereinafter called the mortgagor, of the first 



960 INSTRUCTION IN REAL ESTATE 

part,, and of hereinafter called the mort- 
gagee, of the second part. 

Witnesseth that in consideration of dollars of 

Canada, now paid by the said mortgagee to the said mort- 
gagor, the receipt whereof is hereby acknowledged, the 
said mortgagor doth grant and mortgage unto the said 
mortgagee his heirs and assigns forever all (here insert 
parcels and descriptions thereof.) 

Provided : this mortgage to be void on payment of 

dollars of lawful money of Canada with intesest at 

per cent, as follows : taxes and performance of 

statute labor. 

The said mortgagor covenants with the said mortga- 
gee : That the mortgagor will pay the mortgage money 
and interest and abserve the above proviso; that the mort- 
gagor has a good title in fee simple to the said lands and 
that he has a right to convey the said lands to the said 
mortgagee ; and that on default the mortgagee shall have 
quiet possession of the said lands free from incumbrances 
and that the said mortgagor will execute such further as- 
surances of the said lands as may be requisite: And that 
the said mortgagor has done no act to encumber the said 
lands ; and that the said mortgagor will insure and keep 
insured the buildings on the said lands to the amount of 

not less than dollars currency ; provided, that until 

default of payment the mortgagor shall have quiet posses- 
sion of the said lands. 

In witness whereof the parties hereto have hereunto 
set their hands and seals the day and year first above 
written. 

(seal) 

(seal) 

Signed, sealed and deliv- 
ered in the presence of 



AND FIRE INSURANCE. 961 

I hereby certify that personally known to me, 

appeared before me and acknowledged to me that 

the person mentioned in the annexed instrument as the 
maker thereof, and whose name... subscribed thereto as 

party that knows the contents thereof, and that 

executed the same voluntarily, and is of the full 

age of twenty-one years. 

In testimony wdiereof, I have hereunto set my hand and 

seal of office, at New Brunswick, this day 

of in the year of Our Lord one thousand nine 

hundred and ...... 

(seal) 

STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 

Not good against third parties unless filed within thirty 
days in the register's office in the county where goods are 
and must be accompanied by affidavit of a witness thereto 
of the due execution thereof. 

CHATTEL MORTGAGE. 

Is the same as the Bill of Sale adding the following: 
provided, always, and this indenture is upon this express 
condition : That if the said party of the first part shall pay 
or cause to be paid unto the said party of the second part, 

his heirs or assigns, the sum of dollars, according 

to the conditions of two (or as the case may be) certain 

promissory notes, executed by payable to 

at viz., $. . , . dated due ...'.. with interest at 

per cent per annum, until paid. Then this indenture 

to be void and of no effect. And as long as the conditions 
of this mortgage are fulfilled, the said party of the first 
part is to remain in peaceful possession of said property, 
and in consideration thereof agrees to keep said property 
in as good condition as it now is, at the cost and expense 
of said first party. 



962 INSTRUCTION IN REAL ESTATE 

STATUTE LAW RELATING TO BILLS OF SALE. 
Sale without immediate delivery and actual and contin- 
ued change of possession of articles sold, must be by writ- 
ten conveyance accompanied by affidavit of a witness there- 
to of the due execution thereof, also affidavit of the bar- 
gainee, (or his agent duly authorized in writing to take the 
conveyance, a copy of which authority shall be attached to 
the conveyance), that the said sale is bona fide and for con- 
sideration as set forth in said conveyance and not for the 
purpose of holding or enabling the bargainee to hold the 
goods mentioned therein against the creditors of the bar- 
gainor, — all this to be filed within thirty days from the 
execution in the register's office in the county where goods 
are situate, — otherwise the sale to be void as to the exe- 
cution creditors of the bargainor, and parties other than 
the immediate parties to the transaction. 

BILL OF SALE FORM. 

This indenture made the day of in the 

year of our Lord one thousand nine hunderd and.... 

between of part... of the first part 

and of part. . . of the second part. 

Whereas the said part. . . of the first part is possessed of 

the hereinafter set forth described and enumerated, 

and have contracted and agreed w^ith the said part... of 

the second part for the absolute sale to of the 

same, for the sum of 

Now this indenture witnesseth, that in pursuance of the 

said agreement, and in consideration of the sum of 

of lawful money of Canada, paid by the said part... of 
the second part to the said part. . . of the first part, at or 
before the sealing and delivery of these presents, (the 

receipt whereof is hereby acknowledged) the said 

part... of the first part ha... bargained, sold, assigned, 
transferred, and set over, and by these presents do. . . 
bargain, sell assign, transfer and set over unto the said 
part... of the second part executors, adminis- 
trators and assigns... (Describe property.) 



AND FIRE INSURANCE. 963 

All those the said all which said chattels and 

effects are contained in a dwelling house, situate and be- 
ing 

And all the right, title,' interest, property claim and de- 
mand whatsoever, both at law and in equity, or otherwise 

howsoever, of the said ... of the first part, of, 

in, to and out of the same, and every part thereof : 

To have and to hold the said hereinbefore assigned 

and every of them and every part thereof, with the 

appurtenances and all the right, title, and interest of the 
said part. . . of the first part thereto and therein, as afore- 
said, unto and to the use of the said part. . . of the second 
part, executors, administrators and assigns, to and for 
sole and only use forever : 

And the said part... of the first part do hereby, for 
heirs, executors and adminstrators, covenant, prom- 
ise and agree with the said part... of the second part 

executors and administrators, in manner following, 

that is to say : That the said part. . . of the first 

part now rightfully and absolutely possessed of and 

entitled to the said hereby assigned and every one of 

them and every part thereof; and that the said part of 

the first part now ha... in good right to assign 

the same unto the said part. . . of the second part, 

executors, administrators and assigns, in manner aforesaid, 
and according to the true intent and meaning of these pres- 
ents ; and that the said part... hereto of the second part 

executors, administrators and assigns shall and 

may from time to time, and at all times hereafter, peace- 
ably and quietly, have hold, possess and enjoy the said 

hereby assigned and every one of them and every part 

thereof, to and for own use and benefit, without in 

any manner of hindrances, interruption, molestation, claim 

or demand whatsoever of, from or by the said 

part... of the first part, or any person or persons whom- 
soever; and that free and clear, and freely and absolutely 



964 INSTRUCTION IN REAL ESTATE 

released and discharged, or otherwise, at the cost of the 
said part... of the first part, efifectually indemnified from 
and against all former and other bargains, sales, gifts, 
grants, titles, charges and encumbrances whatsoever: 

And moreover that the said part. . . of the first 

part and all persons rightfully claiming or to claim any 
estate, right, title or interest of, in or to the said hereby as- 
signed and every one of them, and every part thereof, 

shall and will from time to time and at all times hereafter, 
upon every reasonable request of the said part... of the 

second part executors administrators or assigns, 

but at the cost and charges of the said part... of the 
second part, make, do and execute, or cause or procure to 
be made, done and executed all such further acts, deeds 
and assurances for the more effectually assigning and as- 
suring the said hereby assigned unto the said 

part. . . of the second part, executors, administra- 
tors or assigns, or his counsel, shall be reasonably 

advised or required. 

In witness whereof, the said parties to these presents 
have hereunto set their hands and seals the day and year 
first above written. (Signature and seals.) 



Signed, sealed and delivered 
in the presence of 



I here1)y certify that personally known to me, 

appeared before me and acknowledged to me that 

the person mentioned in the annexed instrument is the 
maker thereof, and whose name . . . subscribed thereto as 

party that knows the contents thereof, and that 

executed the same voluntarily, and is of full age 

of twenty-one years. 

And that the same is bona fide and for the consideration 



AND FIRE INSURANCE. 965 

set forth therein and not for the purpose of defrauding 
creditors. 

In testimony whereof, I have hereunto set my hand 

and seal of office at New Brunswick, this 

day of in the year of our Lord one thounsand 

nine hundred and 

(Seal.) 

I of New Brunswick, make oath and 

say: 

That I was personally present and did see 

named in the within instrument; who personally 

known to me to be the person named therein, duly sign 
and execute the same for the purposes named therein. 

That the same was executed on the day of 

A. D., 19.., in the and that I am the subscribing 

witness thereto. 

That I know^ the said and he is in my 

belief of the full age of twenty-one years. 

Sw^orn before me at New Brunswick this day of 

A. D., 19.. . 



STATUTE LAWS RELATING TO LANDLORD AND 

TENANT. 

No suit for lands or rent shall be brought by her majesty 
after a continuous adverse possession of sixty years. No 
person shall make an entry or bring suit to recover land 
but within twenty years after the right accrued to the 
claimant or his predecessors in title. 

No action upon any judgment, recognizance or bond or 
other specialty shall be brought but within twenty years ; 

For rent due, personal property while on the premises 
leased including stock and growing crops, may be dis- 
trained either before or after the end of the term of lease, 
and goods moved vv'ith the intent to prevent seizure may 
be followed for thirty days thereafter. After the property 



966 INSTRUCTION IN REAL ESTATE 

is seized and the tenant has notice thereof, he has five 
days in which to replevy them if the seizure is wrong. 

A lease not in writing and signed by the lessor, if for 
more than three years, will have effect of creating a ten- 
ancy at will only. 

When lands are let requiring a notice to quit, it shall 
be as follows : For the year or half year, three months ; 
for the quarter or month, one month, for the week, one 
week. 

FORM OF NOTICE TO QUIT. 

I require you to quit and deliver up to me my house 

and premises in your possession on the day of 

next situate at in the county of 

Dated this day of A. D. 



To , Tenant. 

LEASE FORM. 

On this day, the of in the year one thou- 
sand nine hundred and . . ; . . before the under- 
signed, notary public, in and for the province of New 
Brunswick, residing and practising in the person- 
ally appeared 

Who declared to have let and leased, and by these pres- 
ents does let and lease and promise to procure peaceable en- 
joyment unto present and accepting during 

until the full end and term of to be accounted and 

reckoned on and from the day of the month of .... 

With the whole said lessee. . is content and satisfied hav- 
ing seen and viewed the same. 

The present lease is thus made for and in consideration 

of the sum of current money of Canada, per 

during the said term, which the said lessee does hereby 
covenant, promises, agree and bind and oblige himself to 
well and truly pay, or cause to be paid to the lessor at his 
residence, or his legal representatives; in and by even, 
equal consecutive payments of each ; the 



AND FIRE INSURANCE. 967 

first payment whereof to become due and payable on the 
day of now next ensuing, and thus to con- 
tinue as aforesaid during all the said term ; and in further 
consideration, that the lessee shall and does hereby prom- 
ise and agree and bind and oblige himself to pay the 
school tax, the water tax, the yearly assessment of leased 
premises and every other tax, charge or burthen which 
may be imposed or levied thereon, during the said term. 
And further, that the lessee shall furnish the leased prem- 
ises with a sufficient quantity of household furniture or 
goods to secure the payment of one year's rent, keep the 
premises in repairs, during the said term, and deliver the 
same at the expiration of the present lease, in as good 
order, state and condition as the same may be found in at 
the commencement of the same, reasonable wear and tear 
and accidents by fire excepted. 

It is expressly agreed by and between the parties, that 
the lessee shall not transfer his right in the present lease, 
or sub-let any part or portion of the above rented premises 
without the consent, in writing of the said lessor or his 
representatives. 

The lessee shall not make any alterations in the leased 
premises without the consent of the lessor. . . or repre- 
sentatives. 

Should any grosses reparations be deemed necessary 
in the leased premises the lessee shall permit the same to 
be performed without pretending or demanding any re- 
duction in the rent, damages, interest or compensation ; 
provided always that the repairs be indespensable and be 
finished within a reasonable time. 

All the water and drain pipes, heating apparatus, water 
closets, sinks and bath and the accessories thereof in said 
premises shall be protected by the lessee from frost dur- 
ing winter and kept at all times free from any unclean- 
liness or obstructions that might prevent free working of 
the same ; and any repairs needful or expedient to keep 



968 INSTRUCTION IN REAL ESTATE 

them in perfect working order shall be borne by the lessee 
without any recourse against the lessor during the term 
of the present lease on pain of cost and damage. 

The lessee binds himself also to clean, at his expense 
the outside privy belonging to the said premises, whenever 
it is required to be done by municipal authority and to de- 
liver up the same empty and clean at the expiration of the 
present lease, on pain of cost and expenses. 

The lessee obliges himself to pay the cost of the present 
lease, with a copy thereon for the lessor. 

Done and passed, at the said in the office of 

the undersigned notary under the number 

thousand hundred and on the day, month 

and year first above and before written, and signed by 
the said parties hereto. .. with and in the presence of the 
notary, these presents having been first read according to 
law. 



EXEMPTION AND HOMESTEAD LAWS. 

There are no homestead laws in New Brunswick. Un- 
der execution the debtor's wearing apparel, bedding, kit- 
chen utensils and tools of one's trade or calling to the val- 
ue of $100 are exempt. 

STATUTE LAW RELATING TO FENCES. 

All sufficient fences four feet high shall be lawful fences 
whether line fences or otherwise. Wire fences along high- 
ways are legal. All line fences dividing lands shall be suf- 
ficiently erected and kept up at the joint and equal expense 
of the occupiers. All disputes arising shall be settled by 
the nearest fence viewer on aj^plication to him. If fence 
viewer builds fence he can recover amount from party neg- 
lecting to repair or erect in any court competent to try 



AND FIRE INSURANCE. 969 

same. For neglect of duty fence viewer will forfeit $8. 
Fence viewer appointed each year by municipal council. 

DECEDENT'S DEBTS. 

Decedent's debts are payable first out of personalty, then 
out of the real estate. The statute is somewhat obscure 
but the force of it is that funeral expenses are a primary 
charge like the costs of administration or probate. Rents 
would probably be considered a lien and all other debts 
which do not amount to liens whether special or simple 
would rank alike. Judgments bind property from the time 
they are recorded and would, therefore, like mortgages 
and bills of sale, be a first charge on the estate. 

Ordinary creditors must take steps to secure their claims 
within eighteen months, or at least file their claims, sworn 
to, with the executor or administrator ; otherwise he may 
plead that the estate has been fully administered, and the 
judgment would then only be a claim on the assets that 
might afterwards be discovered. 

DISTRIBUTION OF PROPERTY WHEN NO WILL 

IS LEFT. 

When any person shall die intestate his real estate shall 
be divided equally to and among his children and their le- 
gal representatives ; and if no children to the next of kin 
and their representatives, including those of the. half blood 
and their representatives ; but children advanced by set- 
tlement shall have so much of the surplusage as will make 
the shares of all equal. Under the foregoing, it has been 
decided that if there be mother, uncles and aunts the 
mother inherits the real estate as next of kin. Father or 
mother is also preferred to brothers and sisters. If father 
were living, however, he would inherit in preference to 
mother — males being preferred. 

The husband has a life interest in the wife's property if 
there was issue born alive, not otherwise, but it is not 
necessarv that the issue be still alive at the wife's death. 



970 INSTRUCTION IN REAL ESTATE 

A wife has a right to a life interest in one-third of her hus- 
band's real property whether there is issue or not and 
this applies to all the real property owned by him in his 
lifetime or to which he is entitled, provided she has not 
joined him in a deed of it during his lifetime. This inter- 
est does not attach to the land until she gets it admeasured 
by the court, remaining until then a mere chattel interest. 

The surplusage of the personal property of men who die 
intestate", is divided one-third to the widow, and the bal- 
ance equally to and among his children ; but any child ad- 
vanced by settlement of real estate in the lifetime of the 
intestate, in excess of his share, shall have the amount of 
such excess deducted from his share. If there are no 
children or legal representatives of them, one-half the sur- 
plusage goes to the widow, and the residue among the 
next of kindred in equal degree and their representatives, 
but there can be no representation among collaterals after 
the brothers' and sisters' children. 

If there be no widow all the surplusage will be distrib- 
uted in the manner above provided for distribution of the 
two-thirds or one-half respectively. 

If after the death of the father any of the children die in- 
testate in the lifetime of the mother, without leaving wife 
or children every brother and sister and their representa- 
tives shall have equal share with her. 

In default of heirs property escheats to the province. 

Married women's personal property, when they die in- 
testate, is distributed thus : If she leaves children by a 
former husband her surviving husband shall have one- 
third of the surplusage ; the remainder divided to and 
among her children and their legal representatives. If 
she leaves only children by her surviving husband he takes 
one-half, her children the remainder. If there be no child- 
ren living at her death the property passes as under the 
common law. 

An illegitimate child will not inherit even from its 
mother except a name (perhaps), but would inherit from 



AND FtRE JNSITRANCE. 971 

his or her own child, should such die intestate and with- 
out issue, the same as any other person; 

DISTRIBUTION OF PROPERTY BY WILL. 

Any person over twenty-one years of age may make a 
will provided such person be of sound and disposing mind 
and memory. 

All the real and personal property to which he is enti- 
tled either at law or in equity at the time of his death 
may be disposed of by will ; also all executory or contin- 
gent estates, property and rights acquired after as well as 
before making of will is disposable thereby. 

The will must be executed thus : It shall be signed by 
the testator or some person in his presence and by his di- 
rection, and such signature must be made or acknowledged 
by the testator in the presence of two or more witnesses 
present at the time, and such witnesses must attest and 
subscribe the w^ill in the presence of the testator and in 
the presence of each other. No form of attestation is ne- 
ceTsary. 

A soldier in actual service or a mariner at sea may dis- 
pose of his personal property by nuncupative will. 

The witnesses must be entirely disinterested persons, but 
executors are eligible as witnesses. If there be any gift 
or devise to a Vv'itness or the wife or a husband of a witness, 
such gift or devise shall be void, but the rest of the will 
shall remain valid ; and if there be two disinterested wit- 
nesses besides such witness to whom such gift or devise is 
made the whole will is valid. A creditor or the wife or hus- 
band of a creditor, the payment of whose debt is charged 
in the will is not an interested party so as to disqualify him 
from being a witness. 

Marriage revokes a will previously made, but no other 
change of circumstance will revoke a will or codicil. It 
must be done by a new will or codicil or by absolute de- 
struction with intention to revoke the same. 

Interlineations, erasures or changes made after execu- 



97^ INSTRUCTION IN REAL ESTATE 

tion will not be read unless executed in same manner as 
the will; but the same in the will when executed will be 
valid if signed on the margin or other place near the same 
by the testator and the witnesses, or referred to in a mem- 
orandum forming part of the will at the end thereof. 

A will revoked may be revived by codicil duly executed 
or by re-execution, in manner aforesaid, of the will itself. 

Wills are construed as if executed immediately before 
the death of the testator, unless a contrary intention 
clearly appears. A devise of real estate or interest therein 
failing on account of death of devisee or from other cause, 
will, in the absence of provision therefor in the will itself, 
pass to the residuary devisee, if any. 

If real estate be devised to any person without words of 
limitation the whole estate of the devisor therein passes 
to the devisee. If the person to whom an estate, not" term- 
inable by his death, is given by will dies in the lifetime of 
the testator, leaving issue who are living at the time of 
death of the testator, the devise will not lapse but such 
issue shall take in same manner as if the devisee had died 
immediately after the testator and not before him. 

Wills of real estate should be recorded in the office of 
the registrar of deeds in the county where the lands lie 
as well as in the office of the registrar of probates. 

LAWS CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE PROVINCE. 

Acknowlegments made out of the province of deeds, 
mortgages and other instruments concerning land for re- 
cording in New BrunsAvick may be made before a notary 
public certified under his hand and official seal. The 
mayor or chief magistrate of any city, borough, municipal- 
ity or tOAvn corporate, of the seal of such mayor or chief 
magistrate. Any judge of the high court of Great Britain 
or Ireland, and judge or lord of session in Scotland, any 
judge of a supreme jurisdiction in any British colony or 
a dependency, any British minister, ambassador, consul. 



AND l-.'RE INSURANCE. 973 

vice-consul, acting consul, pro-consul or consular agent of 
her majesty exercising function in any foreign place. The 
governor of any state. The handwriting of any such judge 
or lord of session being authorized under the seal of a no- 
tary public and the taking of any such acknowledgment 
before such minister, ambassador, consul, vice-consul, 
acting consul, pro-consul, consular agent or general, being 
certified under his hand and seal of office. 

MANITOBA. 

STATUTE LAW RELATING TO DEEDS. 
Deeds can be registered at any time. Title would, how- 
ever, be affected if not registered and if previous owner 
would attempt to deal further with it. Must be sealed and 
witnessed. 

STATUTE LAW RELATING TO MARRIED 
WOMEN. 
A married woman has as full and complete power to 
contract as if single and can sue and be sued separate 
and apart from her husband. 

REAL ESTATE TITLES. 
The Torrens or Australian system of land transfers was 
introduced into the province July i, 1885. Land title dis- 
tricts have been formed throughout the province, each dis- 
trict being presided over by a district registrar. All 
land may be brought under this system by making appli- 
cation and a certificate of title shall be issued to the appli- 
cant upon satisfactory proof being given of the title of the 
applicant. Such a certificate of title shall be conclusive 
evidence that the person named therein is entitled to the 
land described therein. AVhen a certificate of title issues 
subject to a mortgage or c^her encumbrance, except a 
lease, it shall be deposited with the district registrar, who 
will retain it on behalf of all the persons interested therein. 
The district registrar shall, if desired, furnish the owner 



974 INSTRUCTION IN REAL ESTATE 

with a certified copy of the certificate of title, and the 
mortgagor, or other encumbrance, with a certificate of 
charge, and before any subsequent dealings with said land 
or incumbrance this certified copy must be delivered up 
to be cancelled. When land under the Torren system is 
intended to be transferred, the registered owner may exe- 
cute a memorandum of transfer which shall contain an 
accurate statement of the estate or interest intended to be 
transferred, and a statement of all mortgages and incum- 
brances. The certificate of title must be delivered to the 
district registrar, when the transfer is registered, in order 
that he may indorse on it a memorandum of the interest 
transferred. Transfers need not be under seal and do not 
pass the estate until registered. Whenever any land under 
the Torren system is mortgaged the mortgagor may exe- 
cute a memorandum of the interest to be transferred to- 
gether with a statement of all other mortgages or incum- 
brances. The certificate of title must be delivered to the 
district registrar as in transfers. Mortgages under the 
Torrens system shall not operate as a transfer of the land. 
It shall only have effect as security. If default be made 
in payment of the principal or interest, and continue for 
one month, the mortgagee may, after giving written no- 
tice to the mortgagor, enter into possession and take the 
rents, etc. ; if default in payment continue for another 
month the mortgagee may sell the property. W^hen the de- 
fault continues for six months the mortgagee may apply 
to the district registrar for an order of foreclosure; mort- 
gages need not be under seal. The provisions of the reg- 
istry act as to lands not under the Torren system are prac- 
tically the same as those which prevail in Ontario. Deeds 
Rnd mortgages under this system must be sealed and in 
luplicate for the purpose of registration. 

All deeds and mortgages unless registered shall be void 
as agamst any subsequent purchaser or mortgagee. 



AND FTRE INSURANCE. 975 

TRANSFER OF LAND. UNDER TFIE REAL 
PROPERTY ACT. 

I, (Insert here name of applicant and his residence, pro- 
fession,- trade or occupation) being registered owner of an 
estate (insert here "in fee simple in possession," or "a free- 
hold in possession for my life" or otherwise as the case may 
require) subject, however, to such encumbrances, liens and 
interests as are notified by memorandum under writing or 
endorsed thereon, in all the piece or parcel of land known and 
described as follows: (Insert if applicable, ''part of," and 
describe generally the Crown Allottment, or otherwise, ac- 
cording to the certificate of title, insert area, if the land be 
part only and a sufficient description to identify the land) do 

hereby, in consideration of the sum of $ paid to me 

by. (Insert names in full, address and occupation or calling 
of transferree,) the receipt of which sum I hereby acknowl- 
edge, transfer to the said all my estate and interest 

in the said piece of land. (Here state rights of way, privi- 
leges, easements, if any, intended to be conveyed along with 
the land, and if the land dealt with contains all included in the 
original certificate, refer thereto for description of parcels and 
diagrams otherwise set forth the boundaries and accompany 
it by a diagram.) Mention encumbrance, if any.) 

In witness whereof, I have subscribed my name, this 

day of A. D. 19. . 



Signed on the day above named by said in pres- 
ence of 



Manitoba, to wit: 

I, of the of in the province 

of make oath and say : 

1. That I was present and did see the within- 
named transferror execute the within transfer. 

2. That I know the said and that of 

the full age of twenty-one years. 



976 INSTRUCTION IN REAL ESTATE 

3. That the said transfer was executed at the 
and that I am a siibscribine witness thereto. 



Sworn before me at the ....... of in the 

of this day of A. D. 19. . 

A Commissioner in B. R., etc. 
Manitoba, to wit: 

I, of the of in the province of 

........ make oath and say : To wit: 

1. That I am the within-named transferror, and that I am 
of the full age of Twenty-one years. 

2. That I am the registered owner of the lands mentioned 
in the within transfer. 



Sworn before me at the of in the 

of ........ this day of A. D., 19. . 

A Commissioner in B. R., etc. 

QUIT CLAIM DEED. 

This indenture made in duplicate the day of 

in the year of our Lord one thousand nine hundred and .... 

Between witnesseth that the said part. . of the first 

part for and in consideration of of lawful money 

of Canada to in hand paid by the said part. . of the 

part at or before the sealing and delivery of these 

presents (the receipt whereof is hereby acknowledged), ha. . 
granted, released and quitted claim, and by these presents 

do. . grant, and quit claim unto the said part. . of the 

part heirs and assigns, all the estate, right, title, in- 
terest, claim and demand whatsoever both at law and in equity 
or otherwise howsoever and whether in possession or ex- 
pectancy of the said part. . of the first part of, in, 

to or out of all and singular th. . certain parcel. . or tract. . 

of land and premises situate lying and being together 

with the appurtenances thereto belonging or appertaining. 

To have or to hold the aforesaid lands and premises with 
all and singular the appurtenances thereto belonging or apper- 



AND FIRE INSURANCE. 977 

taining unto and to the use of the said part of the 

part heirs and assigns forever. Subject neverthe- 
less to the reservations, limitations, provisoes and condi- 
tions expressed in the original grant thereof from the 
crown. 

In witness whereof, the said parties have hereunto set their 
hands and seals. 

(seal.) 

(seal.) 

Signed, sealed and delivered in the presence of 



Manitoba, to wit: 

I, of the of in the province of 

make oath and say : 

1. That I was present and did see the within- 
named transferror execute the within transfer. 

2. That I know the said and that of 

the full age of twenty-one years. 

3. That the said transfer was executed at the and 

that I am a subscribine witness thereto. 



Sworn before me at the of in the 

of this day of A. D. 19. . 

A Commissioner in B. R., etc. 
Manitoba, to wit: 

I of the of in the province of 

make oath and say : To wit : 

1. That I am the within-named transferror, and that I am 
of full age of twenty-one years. 

2. That I am the registered owner of the lands mentioned 
in the within transfer. 



Sworn before me at the of in the 

of this day of A. D. 19. . 

A Commissioner in B. R., etc. 



978 INSTRUCTION IN REAL ESTATE 

MORTGAGE FORM. 

This indenture, made (in duplicate) the day of 

one thousand nine hundred and (in pur- 
suance of the act respecting short forms of indenture) : Be- 
tween of hereinafter called the mortgagor, 

of the first part, and of ...'..... hereinafter called 

the mortgagee, of the second part. 

Witnesseth that in consideration of dollars of 

lawful money of Canada, now paid by the said mortgagee to 
the said mortgagor, the receipt whereof is hereby acknowi- 
' edged, the said mortgagor doth grant and mortgage unto the 
said mortgagee his heirs and assigns forever all (here insert 
parcels and description thereof). 

And the said wife of the said mortgagor, hereby 

bars her dower in the said lands. Provided : this mortgage to 

be void on payment of dollars of la^vful money of 

Canada with interest at .... per cent., as follows : 

and taxes and performance of statute labor. 

The said mortgagor covenants with the said mortgagee : 
That the mortgagor will pay the mortgage money and interest 
and observe the above proviso ; that the mortgagor has a good 
title in fee simple to the said lands and that he has the right 
to convey the said lands to the said mortgagee ; and that on 
default, the mortgagee shall have quiet possession of the 
said lands free from incumbrances and that the said mort- 
gagor will execute such further assurance of the said lands 
as may be requisite : And that the said mortgagor has done 
no act to encumber the said lands ; and that the said mort- 
gagor will insure and keep insured the buildings on the 

said lands to the amount of not- less than dollars 

currency. 

And that the said mortgagor does release to the 

said lands, subject to the said proviso. Provided that the 

said mortgagee on default of payment for 

may giving notice and 

enter on and lease or sell the said land. 



AND FIRE INSURANCE. 979 

Provided that the mortgagee may distrain for 

arrears of interest. 

Provided that in default of payment of the interest hereby 
secured, the principal hereby secured shall become payable ; 
provided that until default of payment the mortgagor shall 
have quiet possession of the said lands. 

In witness whereof, the said parties hereto have hereunto 
set their hands and seals. 

...^ (seal.) 

(seal.) 

Signed, sealed and delivered in the presence of 



Received on the day of the date of this indenture from the 

mortgagee the sum of being the full consideration 

therein mentioned. 

Witness. 



Manitoba, county of to wit : 

I, of the of in the county of 

make oath and say : 

1. That I was personally present, and did see the within 
instrument and duplicate duly signed, sealed and executed by 
the part. . thereto. 

2. That the said instrument and duplicate were executed 
at 

3. That I known the said part. . 

4. That I am a subscribing witness to the said instrument 
and duplicate. 



Sworn before me at in the county of . . . . , 

this day of in the year of our Lord 19, 



A commissioner for taking affidavits in B. R., etc. 



980 INSTRUCTION IN REAL ESTATE 

TRANSFER OF MORTGAGE. 

I, of being registered as the owner of a 

numbered of or upon the land hereinafter 

described subject to the encumbrances notified here- 
under, in consideration of the sum of dollars, paid 

to me by .... of .... do hereby transfer to the said .... 
the said mortgage together with all my rights, powers, 
title and interest therein, and all my estate and interest as 
such registered owner in all that piece of land being (de- 
scribe it.) 

In witness whereof, I have hereunto subscribed my name 
this day of A. D. 19.'. 



Signed on the day above named by said in pres- 
ence of 



Manitoba, county of to wit : 

I, of the of in the county of 

make oath and say : 

1. That I was personally present, and did see the within 
instrument and duplicate duly signed, sealed and executed by 
the part. . thereto. 

2. That the said instrument and duplicate were executed 
at 

3. That I known the said part. . 

4. That I am a subscribing witness to the said instrument 
and duplicate. 



Sworn before me at in the county of this 

day of in the year of our Lord 19. . 



A commissioner for taking affidavits in B. R., etc. 

(Name and official character.) 

CHATTEL MORTGAGE. 

Know all men by these presents, that residing in 

county of state of , party of the first part, 



AND FIRK INSURANCE. 98I 

being justly indebted to , residing in , party 

of the second part, in the sum of dollars, which is 

hereby confessed and acknowledged, has, for the purpose of 
securing the payment of said debt, granted, bargained, sold 
and mortgaged and by these presents does grant, bargain, 
sell and mortgage unto the said party of the second part, 
his heirs, executors, administrators and assigns, all that 
certain personal property described as follows, to wit : 
(Describe it and state where it is and in whose possession), 
all of which property the party of the first part covenants 
is free and clear from all liens and encumbrances, (here 
mention Exemptions, if any) and the said party of the 
first part for himself, his heirs, executors and administra- 
tors, all and singular, the goods, chattels and personal 
property above bargained and sold, unto the said party 
of the second part, his executors, administrators and 
assigns, against him the said party of the first part, and 
against all and every other person or persons, whomsoever, 
shall and will warrant and forever defend. 

To have and to hold, all and singular said goods, and chat- 
tels, unto the said party of the second part his heirs, execu- 
tors, administrators and assigns, forever; provided, always, 
and these presents are upon this express condition : That if 
the said party of the first part shall pay or cause to be paid 
unto the said party of the second part, his heirs or assigns, 

the sum of dollars, according to the conditions of two 

(or as the case may) be certain promissory notes, executed 

by payable at viz 

$ dated due with interest 

at per cent per annum, until paid (or omitting all after 

"promissory notes" and inserting "of which the following are 
copies" and then insert copies, or if the indebtedness is not rep- 
resented by promissory notes its character may be other- 
wise indicated.) Then these presents to be void and of no 
efifect. 

In case default shall be made in the payment of the said 
sum of money in the said provision mentioned, or of the in- 



9^2 INSTRUCTION IN REAL ESTATE 

terest thefeori, or any part thereof, or in case the mort- 
gagor shall attempt to sell or dispose of or in any way part 
with the possession of the said goods and chattels, or any of 
them, or to remove the same or any part thereof out of the. . 
or suffer or permit the same to be seized or taken in execu- 
tion without the consent of the mortgagee, his executors, 
administrators or assigns, to such sale, removal or disposal 
thereof, first had and obtained in Avriting ; then and in such 
case it shall and may be lawful for the mortgagee, his exec- 
utors, adminstrators or assigns, with his or their servant or 
servants, and with such other assistant or assistants as he or 
they may require at any time during the day, to enter into and 
upon any lands, tenements, houses and premises wheresoever 
and whatsoever where the said goods and chattels or any part 
thereof may be, and for such person to break and force open 
any doors, locks, bars, bolts, fastenings, hinges, gates, fences, 
houses, buildings, enclosures and places for the purpose of 
taking possession of and removing the said goods and chat- 
tels ; and upon and from and after the taking possession of 
such goods and chattels as aforesaid it shall and may be law- 
ful and the mortgagee, his executors, administrators or as- 
signs, and each or any of them, is and are hereby authorized 
and empowered to sell the said goods and chattels, or any 
of thelii or any part thereof, at public auction or private sale, 
as to them or any of them may seem meet; And from and 
out of the proceeds of such sale in the first place to pay and 
reimburse' himself or themselves all such sums of money as 
may then be due by virtue of these presents, and all such ex- 
penses as may have been incurred by the mortgagee, his ex- 
ecutors, administrators or assigns, in consequence of the de- 
fault, neglect or failure of the mortgagor, his executors, ad- 
ministrators or assigns, in payment of the said sum of money 
with interest thereon as above mcntion.ed, or in consequence 
of such sale or removal as above mentioned, and in the next 
place to pay unto the mortgagor his executors, administra- 
tors and assigns, all such surplus as may remain after pay- 
ment of all such sum or sums of money thereon as may be 



AND FIRE INSURANCE. 983 

due by virtue of these presents at the time of such seizure, and 
after payment of the costs, charges, and expenses incurred 
by such seizure and sale aforesaid. 

Providing always nevertheless, that it shall not be incum- 
bent on the mortgagee, his executors, administrators or as- 
signs, to sell and dispose of the said goods and chattels, but 
that in case of default of payment of the said sum of money, 
with interest thereon as aforesaid, it shall and may be lawful 
for the mortgagee, his executors, administrators or assigns, 
peaceably and quietly to have, hold, use, occupy, possess and 
enjoy the said goods and chattels without the let, molesta- 
tion, eviction, hindrance or interruption of the mort- 
gagor. 

In witness whereof the said party of the first part hereunto 

sets his hand and seal this day of 

A. D., 19.... 

(Seal.) 

Witness : 



Province of , County of To wit : 

I, the mortgagee in the foregoing bill of sale 

by w^ay of mortgage named, make oath and say : That .... 

the mortgagor in the foregoing bill of sale by 

way of mortgage named is justly and truly indebted to 

this deponent the mortgagee therein named in the 

sum of dollars, mentioned therein. 

That the said bill of sale by way of mortgage was executed 
in good faith and for the express purpose of securing the 
payment of the money so justly due or accruing due as afore- 
said and not for the purpose of protecting the goods and 
chattels mentioned in said bill of sale by way of mortgage 

against creditors of the said the mortgagor 

from obtaining payment of any claim against 

therein named, or preventing the creditors of such mort- 



984 INSTRUCTION IN REAL ESTATE 

Sworn before me at in the county of 

this day of in the year of our Lord, 

19.... 



A commissioner for taking affidavits in the queen's bench 
in and for the said province of Manitoba. 

Province of Manitoba, county of , to vv^it: 

I, of the of in 

the county of make oath and say : 

That I was personally present, and did see the within bill 
of sale by way of mortgage duly signed, sealed and delivered 

by the parties thereto and that 

the name. . . set and subscribed as a witness to the execution 
thereof is of the proper handwriting of me this deponent and 

that the same was executed the of , 19. . . . 

in the said county of 



Sworn before me at in the county of 

this day of in the year of our Lord, 19. . 

A commissioner for taking affidavits in the queen's bench 
in and for the said province of Manitoba. 

Received on the day of the date of this indenture from the 
mortgagee the sum of dollars mentioned. 



Witness : 



BILL OF SALE. 

This indenture made the day of 

in the year of our Lord, one thousand nine hundred and 

between of part ... of 

the first part and of part. . . of the 

second part. 

Whereas the said part... of the first part is possessed of 
the hereinafter set forth described and enumer- 
ated, and have contracted and agreed with the said part. . . . 



AND FIRE INSURANCE. 985 

of the second part for the absokite sale to of 

the same, for the sum of 

Now this indenture witnesscth, that in pursuance of the 
said agreement, and in consideration of the sum of 



of lawful money of Canada, paid, by the said part. . . of the 
second part to the said part ... of the first part, at or before 
the ensealing and delivery of these presents, (the receipt 

whereof is hereby acknowledged) the said part. . . 

of the first part ha. . bargained, sold, assigned, transferred, 
and set over, and by these presents do. . . bargain, sell, as- 
sign, transfer and set over unto the said part.. . of the sec- 
ond part executors, administrators and assigns .... 

(Describe property.) 

All those the said ...... all which chattels and effects 

are contained in a dwelling house situated and being 

And all the right, title, interest, property, claim and demand 
whatsoever, both at law and in equity, or otherwise howso- 
ever, of the said part. . . of the first part of, in, to 

and out of the same, and every part thereof: 

To have and to hold the said hereinbefore assigned 

and every one of them and every part thereof, with the ap- 
purtenances and all the right, title, and interest of the said 
part. . of the first part thereto and therein, as aforesaid, 
unto and to the use of the said part. . of the second part 

executors, administrators and assigns, to and for 

sole and only use forever : 

And the said part. . . of the first part do. . hereby, for 

heirs, executors and administrators, covenant, promise and 
agree with the said part. . . of the second part exec- 
utors and administrators, in manner following, that is to say : 

That the said part. . . of the first part 

now rightfully and absolutely possessed of and entitled to the 

said hereby assigned and every one of them and every 

part thereof; and that the said part. . . of the first part now 

ha . . . in gO(xl right to assign the same unto the said 

part. . . of the second part, executors, admiuistra- 



986 INSTRUCTION IN REAL ESTATE 

tors and assigns, in manner aforesaid, and according to the 
true intent and meaning of these presents; and that the said 
part. . . hereto of the second part executors, admin- 
istrators and assigns shall and may from time to time, and at 
all times hereafter, peaceably and quietly, have, hold, possess 
and enjoy the said hereby assigned ...... and every one 

of them and every part thereof, to and for .... ov^^n use and 

benefit, without any manner of hindrance, interruption, moles- 
tation, claim or demand whatsoever of, from or by 

the said part... of the first part, or any person or persons 
whomsoever; and that free and clear, and freely and abso- 
lutely released and discharged, or otherwise, at the costs of 
the said part. . . of the first part, effectually indemnified from 
and against all former and other bargains, sales, gifts, grants, 
titles, charges and encumbrances whatsoever: 

And moreover that the said part. . of the first 

part and all persons rightfully claiming or to claim any 
estate, right, title, or interest of, in or to the said hereby as- 
signed and every of them, and every part there- 
of, shall and will from time to time and at all times hereafter, 
upon every reasonable request of the said part. . . of the sec- 
ond part executors, administrators or assigns, but at 

the cost and charges of the said part. . . of the second part, 
make, do and execute, or cause or procure to be made, done 
and executed all such further acts, deeds and assurances for 
the more effectually assigning and accruing the said here- 
by assigned unto the said part. . . of the second part 

executors, administrators or assigns, or his 

counsel, shall be reasonably advised or required. 

In witness whereof, the said parties to these presents have 
hereunto set their hands and seal the day and year first 
above written. 

(Signature and seals,) 

Signed, sealed and delivered 
in the presence of 



AND FIRE INSURANCE. 987 

Manitoba, County of to wit : 

I, in the foregoing bill of sale named, make 

oath and say : That the sale therein made is bona fide, and 

for good consideration, namely : and not for the 

purpose of holding or enabling me this deponent to hold 
the., goods mentioned therein against the creditors of the 
bargainor. 



(Grantor's signature.) 

Sworn before me, at in the county of 

this day of in the year of our 

Lord 19. . . . 

A commissioner in B. 

R., in and for 

Manitoba, county of To wit : 

I, of the in the coun.ty of 

make oath and say : 

That I was personally present and did see the w^ithin bill 
of sale duly signed, sealed and executed by the parties thereto : 
and that I, this deponent am a subscribing witness to the 
same ; and that the name set and described as a witness to 
the execution thereof is of proper handwriting of me, this 

deponent ; and that the same was executed at the 

of in the coiuity of on the. . . . 

day of A. D. 19 



(Affiant's signature.) 

Sworn before me at the of in the 

county of this day of 19. . . . 

A commissioner for 

taking affidavits in the high courts of justice. (Or as the 
case may be.) 

LEASE FORM. 
This indenture made the (date) in pursuance of the 
Leaseholds act, between (parties and their locations.) 
Witnesseth, that the said lessor. . . doth demise and 



988 INSTRUCTION IN REAL ESTATE 

lease unto the said lessee, his executors, administrators 
and assigns, all and singular (describe the property) from 

the day of ". . for the term of 

thence ensuing Yielding therefore, during 

the said term, the rent of 

That the said lessee. . . covenant with the said lessor. . . 
to pay rent. 

And to pay taxes. 

And to repair. (Reasonable wear and tear and damage 
from fire and tempest alone excepted.) 

And that the said lessor. . . may enter and view state 
of repair, and that the said lessee... will repair accord- 
ing to notice. . . 

And wiir not carry on or allow to be carried on any 
dangerous or offensive trade during the said term on said 
premises, and the following business shall be considered 
offensive, viz:. . . . 

And will not assign without leave. 

And that he will leave the premises in good repair. 

And it is agreed that if any rent shall be due and unpaid, 
or if default shall be made in any of the covenants herein 
contained, then the said party of the second part, shall for- 
feit all right and title to this lease, and it shall be lawful 
for the said party of the first part, his heirs or assigns, into 
the said premises or any part thereof in the name of the 
whole, to re-enter and the same to re-possess and expel 
the party of the second part therefrom, and let the same to 
any other person, anything to the contrary herein notwith- 
standing, or to distrain for any rent due, any and all prop- 
erty of any kind and nature^ found in or on said premises, 
in payment of said rent and to sell the same on four days' 
notice, at public auction, rendering the surplus money, if 
any, to the said party of the second part ; or the said party 
of the first part, or his assigns may proceed to recover the 
possession of said premises as for holding over after the 
termination of the lease under the act relating to forcible 
entries and detainers. 



AND FIRE INSURANCE; 989 

The said lessor... covenant with the said lessee... for 
quiet enjoyment.... And also, that if the term hereby 
granted shall be at any time seized or taken in execution 
or in attachment by any creditor of the said lessee or if 
the said lessee shall make any assignment for the benefit 
of creditors, or, becoming bankrupt or insolvent, shall 
take the benefit of any act that may be in force for bank- 
lUpt or insolvent debtor, the said term shall immediately 
become forfeited and void, and the then current quarter's 
(or as the case may be) rent shall thereupon be at once 
due and payable. 

In w^itness whereof the parties to these presents have 
hereunto set their hands and seals the day and year first 
above written. 

(Seal.) 

(Seal.) 

Signed, scaled and delivered 
in presence of 
E. F. 
G. H. 

EXEMPTION AND HOMESTEAD. 
Household furniture not exceeding $500 in value. Ne- 
cessary clothing for family. Twelve volumes of books 
and the books of a professional man. One axe, one saw, 
one gun and six traps. Food for eleven months if in pos- 
session. Three horses, mules or oxen, six cows, ten sheep, 
ten pigs, fifty fowl, and food for the same for eleven months. 
The exemption as to horses over four years of age only 
applies when they are used by the debtor in earning his 
living. Tools and implements up to $500 in value. Farm 
land up to 160 acres actually resided upon and cultivated 
or used for grazing by the debtor. The houses, stables 
and barn of the debtor. The actual home or house of any 
person other than a farmer not to exceed $i,5op in value. 
All the necessary seeds for the proper cultivation of 80 
acres. Insurance on exempted property is exempt. There 



990 INSmUCTION IN REAL ESTATE 

are no exemptions in cases of judgment for board and 
lodgings. No article is exempt when judgment was for 
purchase price of article seized. 

STATUTE LAW ON LIMITATIONS. 

Actions of debt for land or rent must be commenced 
in ten years. Actions for arrears of rent, or interest upon 
any sum of money charged upon or payable out of any land 
or rent, or in respect of any legacy or any damages in re- 
spect of any legacy or any damages in respect of such ar- 
rears of rent or interest must be commenced within six 
years. Actions to recover money secured by mortgage, 
judgment, lien, or otherwise charged upon or payable out 
of any land or rent must be brought within ten years. 

The mortgagor's right to redeem ceases ten years after 
the mortgagee obtains possession or ten years after the 
mortgagee's last written acknowledgmxcnt of mortgagor's 
title. 

Title by prescription cannot be acquired to land under 
the Torrens or new system. 

DECEDENT'S DEBTS. 

There is no distinction between personalty and realty, 
all descend to the executor or administrator. Liens, such 
as judgments and mortgages, take preference according 
to priority of registration. 

DISTRIBUTION OF PROPERTY WHEN NO WILL 

IS LEFT. 

If decedent leaves a widow and no children the widow 
takes the entire estate, real and personal. If widow and 
children, widow takes one-third of real and personal prop- 
erty absolutely and the remaining two-thirds descend to 
child or children. There is no dower in this province. If 
intestate is without a wife or children, estate descends to 
next of kin. 



AND FIRP: INSITRANCK. 99I 

DISTRIBUTION OF PROPERTY BY WILL. 

Every person of sound mind 21 years old may dispose of 
his or her real or personal estate by will in writing, which, 
unless the person making the same shall be prevented by 
the extremity of his last sickness, shall be signed at the 
end thereof by himself or by some person in his presence 
by his express direction. The will must be proved by 
the oaths or affirmations of two or more competent wit- 
nesses. If there are no subscribing witnesses, proof of 
the testator's signature by witnesses who are acquainte<i 
therewith will be sufficient. A testator may sign by mak- 
ing his sign or cross. 

A devise of real estate to a person without referring to 
his heirs or using words of inheritance or perpetuity 
passes all the estate of the testator therein, unless a con- 
trary intent appear. The real estate acquired by a testa- 
tor after making his will shall pass by a general devise, 
unless a contrary intention be manifest on the face of 
the will. If there be a devise or legacy in favor of a child 
or other lineal descendant, or where there is no lineal de- 
scendant, in favor of a brother or sister or the children of 
a deceased brother or sister, it shall not lapse or become 
void by reason of the devisee or legatee dying in the life- 
time of the testator,- provided such devisee or legatee 
leave issue surviving the testator, and in such case the 
issue will take the devise or legacy. If any person make 
a last will and testament, and afterwards marry or have 
a child or children not provided for in such will, and die, 
such widow or child shall share in his estate as if no will 
had been made, whether such child be born before or after 
his death. If a single woman makes a will and marry, it 
is thereby revoked. A husband may take wdiat is given 
him under a wife's will, or he may take the same interest 
in her real estate and personal that would be allowed a 
widow under the intestate laws. Wills take effect as 
if executed immediately before the testator's death unless 
a contrary intent appear. 



992 INSTRUCTION IN REAL ESTATE 

ONTARIO. 
STATUTE LAW RELATING TO DEEDS. 

Any deed or instrument affecting lands not registered 
is fraudulent and void as against any subsequent purchaser 
of these lands who has not had actual notice of such deed 
or instrument. One witness is necessary to each deed and 
affidavit of execution made by that witness. Deeds and 
mortgages should be made in duplicate. 

STATUTE LAW ON REAL ESTATE RELATING TO 
MARRIED WOMEN. 

A married woman has the same right and power con- 
cerning property and to contract, sue and be sued, as if 
unmarried, but she may not sue her husband except for 
divorce or to protect her separate property when he has 
deserted and separated himself from her without sufficient 
cause, or neglected or refused to support her, nor may 
he sue her except under like circumstances, excluding 
the matter of support. If a wife be insane, by proper pro- 
ceedings in court and giving security, the husband may 
have her estate placed in his care. If a wife do not join in 
a deed for her husband's realty and he die first she will 
have dower therein (one-third for life). 

The husband is liable for the support of his family, but 
if the wife order necessaries for the family, both may be 
sued and collection enforced against the wife's property if 
the husband do not have sufficient. 

AGREEMENT FOR SALE OF LAND. 

Articles of agreement made in duplicate the day 

of in the year of our Lord one thousand 

hundred between 

Whereas, the said part. . . of the first part ha. . . agreed 
to sell to the part. . . 'of the second part. . and the part. . . 
of the second part ha... agreed to purchase of and from, 
the said part. . . of the first part of the lands, heriditaments 
and premises hereinafter mentioned, that is to say : All 
and singular the... certain parcel... of tract... of land 



AND FIRE INSURANCE. 993 

and premises being composed of together with 

all the privileges and appurtenances thereto belonging, at 
or for the price or sum of of lawful money of Can- 
ada, payable in manner and on the days and times herein- 
after mentioned, that is to say : 

Now it is hereby agreed between the parties aforesaid 
in manner following, that is to say: The said part... of 
the second part, for heirs, executors and admin- 
istrators do covenant, promise and agree, to and 

with the said part heirs, executors, administrators 

andassigns, that he or they shall and will, well and truly 
pay or cause to be paid to the said part. . . of the first part 

heirs, executors, administrators and assigns the 

said sum of money above mentioned, together with the in- 
terest thereon at the rate of per cent per annum, on 

the days and times and in the manner above mentioned. . . 
and also shall and will pay and discharge all taxes, rates 
and local improvement assessments wherewith the said 
land may be rated and charged from and after the 

In consideration whereof, and on payment of the said 
sum of money, with interest thereon as aforesaid, the said 

part. . . of the first part do. . . for . heirs, executors, 

administrators and assigns, covenant, promise and agree, 
to and with the said part. . of the second part, heirs, exec- 
utors, administrators or assigns, to convey and assure, or 
cause to be conveyed and assured to the said part. . of the 
second part heirs or assigns, by a good and suffi- 
cient deed in fee simple. . . . 

All the said piece... or parcel... of land and premises 
above described, together with the appurtenances there- 
unto belonging or appertaining 

But subject to the conditions and reservations expressed 
in the original grant thereof from the crown ; and such 
deed shall be prepared at the expense of the said part. . . 

of the part, . . ." shall contain the following 

covenants, namely : 

And also shall and will suffer and permit the said part. . 



994 INSTRUCTION IN REAL ESTATE 

of the second part heirs and assigns, to occupy 

and enjoy the same until default be made in the payment 
of the said sums of money above mentioned, or the interest 
thereon or any part thereof on the days and times and in 
the manner above mentioned; subject nevertheless, to im- 
peachment for voluntary or permissive waste. 

And it is expressly understood that time is to be con- 
sidered the essence of this agreement, and unless the pay- 
ments are punctually made at the times and in the manner 
above mentioned, these presents shall be null and void 
and of no effect, and the said part. . . of the first part 
shall be at liberty to re-sell the land. 

It is hereby expressly agreed that the said part. . . of 
the first part not to be bound to furnish any ab- 
stract of title, or produce any title deeds or other evidence 

not in possession or control, or to give copies of 

any title deeds, but that the part. . . of the second part 

to search the title at ov^n expense ; and 

if the said part. . . of the first part without any default on 

. , part unable to make a good title to the 

said land within days from the date hereof, (if 

the part... of the second part decline to take such title 

as is so able to make) then may withdraw 

from this contract on the repayment to of 

any sum of money paid on account of purchase 

money, and without being entitled to any compensation or 
expenses in connection herewith. 

In witness whereof, the said parties hereto have here- 
unto set their hands and seals the day and year first above 
written. 



Signed, sealed and delivered, in the presence of 



AND FIRE INSURANCE. 995 

WARRANTY DEED. 

This indenture made in duplicate the day of 

one thousand hundred In pursuance of the 

act respecting short forms of conveyance: Between 



Witnesseth that in consideration of of lawful 

money of Canada now paid by the said part. . . of the 
part, to the said part. . . of the first part (the re- 
ceipt whereof is hereby acknowledged) the said 

part. . . of the first part, do. . . grant unto the said part. . . 
of the part in fee simple. 

All and singular th. . certain parcel., or tract., of 

land and premises situate, lying and being To 

have and to hold unto the said part. . . of the 

part heirs and assigns to and for their 

sole and only use forever subject nevertheless to the reser- 
vations, limitations, provisoes and conditions expressed in 
the orginal grant thereof from the crown. 

The said part. . . of the first part covenant. . . . with the 

said part. . . of the part that. ... he. . . . ha. . . . 

the right to convey the said lands to the said part ... of the 

part notwithstanding any act of the said part. . . 

of the first part. 

And that the said part. . . of the part shall have 

quiet possession of the said lands, free from all incum- 
brances. 

And the said part. . . of the first part covenant. . . with 

the said part. . . of the second part that 

will execute such further assurances of the said lands as 
may be requisite. 

And the said part. . . of the first part covenant with the 

said part ... of the part that he . . ha . . done no 

act to incumber the said lands. 

And the said part. . of the first part docs release to the 

said part. . of the part all. claims upon the 

said lands. 



gg6 INSTRUCTION IN REAL ESTATE 

In witness whereof the said parties hereto have hereunto 
set their hands and seals. 

(seal.) 

(seal.) 

Signed, sealed and delivered 
in the presence of 



County of , to wit : 

I, make oath and say : 

1. That I was personally present and did see the within 

instrument and duplicate thereof duly signed, sealed 
and executed by the parties thereto. 

2. That the said instrument and duplicate were executed 

at 

3. That I know the said part. . . 

4. That I am a subscribing witness to the said instrument 
. and duplicate. 

Sworn before me at the of in t] 

cotmty of this day of in the year 

of our Lord 19. . . 



A commissioner for taking affidavits in H. C. J., &c. 

QUIT CLAIM DEED. 

This indenture made in duplicate., the day of 

in the year of our Lord one thousand nine hun- 
dred and Between witnesseth that 

the said part... of the first part for and in consideration 

of of lawful money of Canada to in 

hand paid by the said part. . . of the part at or 

before the sealing and delivery of these presents (the re- 
ceipt whereof is hereby acknowledged), ha... granted, re- 
leased and quitted claim, and by these presents do. . grant, 

and quit claim unto the said part... of the 

part heirs and assigns, all the estate, right, title, 

interest, claim and demand whatsoever both at law and 



AND FIRE INSURANCE. 997 

in equity or otherwise howsoever and whether in posses- 
sion or expectancy of the said part... of the 

first part of, in to or out of all and singular th . . . certain 
parcel... or tract... of land and premises situate lying 

and being together with the appurtenances 

thereto belonging or appertaining. 

To have and to hold the aforesaid lands and premises 
with all and singular the appurtenances thereto belonging 
or appertaining unto and to the use of the said part . . . 
of the part heirs and assigns for- 
ever. Subject nevertheless to the reservations, limitations, 
provisoes and conditions expressed in the original grant 
thereof from the crown. 

In witness wdiereof, the said parties have hereunto set 
their hands and seals. 

Signed, sealed and de- 
livered in the presence of 

(seal.) 

(seal.) 



County of . , to wit : 

I, make oath and say : 

1. That I was personally present and did see the within 

instrument and duplicate thereof duly signed, sealed 
and executed by the parties thereto. 

2. That the said instrument and duplicate w^ere executed 

at 

3. That I know the said part. . . 

4. That I am a subscribing witness to the said instrument 

and duplicate. 

Sworn before me at the of in the 

county of this day of in the year 

of our Lord 19. . . 



A commissioner for taking affidavits in H. C. J., 8zc. 



99^ INSTRUCTION IN REAL ESTATE 

MORTGAGE FORM. 

This indenture, made the day of one 

thousand nine hundred and between 

of hereinafter called the mortgagor, of the 

first part, and of hereinafter 

called the mortgagee, of the second part. 

Witnesseth that in consideration of dollars of 

lawful money of Canada, now paid by the said mortgagee, 
to the said mortgagor, the receipt whereof is hereby ack- 
nowledged, the said mortgagor doth grant and mortgage 
unto the said mortgagee his heirs and assigns forever all 
(here insert parcels and description thereof.) 

And the said wife of the said mortgagor, 

hereby bars her dower in the said land. Provided : this 
mortgage to be void on payment of dollars of law- 
ful money of Canada with interest at per cent, as 

follows : and taxes and performance of statute 

labor. 

The said mortgagor covenants with the said mortgagee : 
That the mortgagor will pay the mortgage money and in- 
terest and observe the above proviso ; that the mortgagor 
has a good title in fee simple to the said lands and that he 
has the right to convey the said lands to the said mort- 
gagee ; and that on default the mortgagee shall have quiet 
possession of the said lands free from incumbrances and 
that the said mortgagor will execute such further assur- 
ances of the said lands as may be requisite : And that the 
said mortgagor has done no act to encumber the said lands ; 
and that the said mortgagor will insure and keep insured 
the buildings on the said lands to the amount of not less 
than .... dollars currency. And that the said mortgagor 
does release the said lands, subject to the said proviso. 

Provided that the said mortgagee... on default of pay- 
ment. . . for may giving notice 

and enter on and lease or sell the said land. 

Provided that Ihe Mortgagee... may distrain for ar- 
rears of interest. 



AND FIRE INSURANCE. 999 

Provided that in default of payment of the interest here- 
by secured, the principal hereby secured shall become pay- 
able ; provided that until default of payment the mortga- 
gor shall have quiet possession of the said lands. 

In witness whereof, the said parties have hereunto set 
their hands and seals. 

(seal.) 

(seal.) 



Signed, sealed and deliv- 
ered in the presence of 



County of , to wit : 

I, make oath and say : 

1. That I was personally present and did see the within 

instrument and duplicate thereof duly signed, sealed 
and executed by the parties thereto. 

2. That the said instrument and duplicate were executed 

at 

3. That I know the said part. . . 

4. That I am a subscribing witness to the said instrument 

and duplicate. 

Sworn before me at the of in the 

county of this day of in the year 

of our Lord 19. . . 



A commissioner for taking affidavits in H. C. J., &c. 

ASSIGNMENT OF MORTGAGE. 

This indenture made (in duplicate) the day of 

one thousand nine hundred and between 

hereinafter called the ''Assignor..." of the 

first part and hereinafter called the ''Assign- 

e:e. . ." of the part. . . Whereas by a mortgage 

dated on the day of one thousand nine 

hundred and did grant and mortgage the land and 

premises therein described to heirs and assigns 



1000 INSTRUCTION IN REAL ESTATE 

for securing the payment of and there is now 

owing upon the said mortgage 

Now this indenture witnesseth that in consideration of 

dollars of lawful money of Canada, now paid by 

the said assignee. . to the said assignor (the receipt whereof 

is hereby acknowledged) the said assignor. . do. . 

hereby assign and set over unto the said assignee. ., 

executors, administrators and assigns all that the said 
before in part recited mortgage, and also the said sum of 
...... now owing as aforesaid together with all the mon- 
eys that may hereafter become due or owing in respect of 
the said mortgage and the full benefit of all powers and of 
all covenants and provisoes contained in said mortgage 
and also full power and authority to use the name or names 
of the said assignor heirs, executors, administra- 
tors or assigns for enforcing the performance of the coven- 
ants and other matters and things contained in the said 
mortgage. 

And the said Assignor... do... hereby grant and con- 
vey unto the said assignee heirs and assigns all 

and singular th... certain parcel... or tract... of land. 
(Describe it) 

To have and to hold the said mortgage and all moneys 
arising in respect of the same and accrue thereon and also 
the said lands and premises thereby granted and mortgaged 
to the use of the said assignee. . . heirs, executors, admin- 
istrators and assigns, absolutely forever. But subject to 
the terms contained in such mortgage. 

And the said assignor., for heirs, executors, ad- 
ministrators and assigns do. . . hereby covenant with the 
said assignee. . heirs, executors, administrators and assigns 
that the said mortgage is a good and valid security and 

that the sum of is now owing and unpaid and 

that he. . . ha. . . not done or permitted any act, 

matter or thing whereby the said mortgage has been re- 
leased or discharged either partly or in entirety and that 
he will upon request do perform and execute 



AND I- IRE INSURANCE. lOOI 

every act necessary to enforce the full performance of the 
covenants and other matters contained therein. 

In witness Avhereof, the said parties have hereunto set 
their hands and seals. 

(seal.) 

(seal.) 

Signed, sealed and delivered in the presence of 
A. B. 

County of , to wit : 

I, make oath and say : 

1. That I was personally present and did see the within 

instrument and duplicate thereof duly signed, sealed 
and executed by the parties thereto. 

2. That the said instrument and duplicate were executed 

at 

3. That I know the said part. . . 

4. That I am a subscribing witness to the said instrument 

and duplicate. 

Sworn before me at the of in the 

county of this day of in the year 

of our Lord 19. . . 



A commissioner for taking afifidavits in H. C. J., &c. 

RELEASE OF MORTGAGE. 
Province of Ontario, Dominion of Canada, to wit : 
To the registrar of the 

I, do certify that has satisfied 

all money due on or to grow due on a certain mortgage 

made by to which mortgage 

bears date the day of A. D., 19. ., and was 

registered in the registry office for the on the 

day of A. D., 19. ., at minutes past 

o'clock noon in liber for as No 

That such mortgage has been assigned. (State 

whether the mortgage has been assigned or not, and if 
so set forth the particulars.) 



I002 INSTRUCTION IN REAL ESTATE 

And that the person entitled by law to re- 
ceive the money and that such mortgage is therefore dis- 
charged. 

Witness my hand this day of 19. . . . 



In the presence of 



Ontario, county of : to wit : 

I, make oath and say. i. That I was per- 
sonally present and did see the within certificate of dis- 
charge of mortgage duly signed and executed by 

the. . . thereto. 2. That the said instrument was executed 

at the 3. That I know the said . 

4. That I am a subscribing witness to the said instrument. 

Sworn before me at in the 

county of this day of in the 

year of our Lord 19. . . 

A commissioner for taking affidavits. 



STATUTE LAW RELATING TO CHATTEL 
MORTGAGES. 
Mortgages attended with change of possession must be 
registered within five days from the Execution and take 
effect from the day and time of execution. Mortgages 
must be renewed within thirty days before the Expiration 
of one year from the date of Execution. 

CHATTEL MORTGAGE. 
Know all men by these presents, that re- 
siding in county of state of 

party of the first part, being justly indebted 

to residing in party of the sec- 
ond part, in the sum of dollars, which is hereby 

confessed and acknowledged, has, for the purpose of secur- 
ing the payment of said debt, granted, bargained, sold and 
mortgaged, and by these presents does grant, bargain, sell 



AND FTT5E INSURANCE. IOO3 

and morto-ag-c unto the said party of the second part, Ills 
heirs, executors, administrators and assigns, all that certain 
personal property described as follows, to wit: (Describe 
it and state where it is and in whose possession), all of 
which property the party of the first part covenants is free 
and clear from all liens and encumbrances, (here mention 
Exemptions, if any) and the said party of the first part for 
himself, his heirs, executors and administrators, all and 
singular, the goods, chattels and personal property above 
l)argained and sold, unto the said party of the second part, 
his executors, administrators and assigns, against him the 
said party of the first part, and against all and every other 
person or persons, whomsoever, shall and will warrant and 
forever defend. 

To have and to hold, all and singular said goods, and 
chattels, unto the said party of the second part his heirs, 
executors, administrators and assigns forever; provided, 
always, and these presents are upon these express condi- 
tion : That if the said party of the first part shall pay or 
cause to be paid unto the said party of the second part his 

heirs or assigns, the sum of dollars, according to 

the conditions of two (or as the case may be) certain prom- 
issory notes, executed by payable to 

at viz $ dated due 

with interest at per cent per annum, until paid (or 

omitting all after "promissory notes" and inserting ''of 
which the following are copies" and then insert copies, or 
if the indebtedness is not represented by promissory notes 
its character may be otherwise indicated.) Then these 
presents to be void and of no effect. 

And also in case default shall be made in the payment of 
the said sum of money in the said proviso mentioned, or 
of the interest thereon or any part thereof, or in case the 
mortgagor shall attempt to sell or dispose of or in any 
way part with the possession of the said goods and chat- 
tels, or any of them, or to remove the same or any part 
thereof out of the or suffer or permit the same 



1004 INSTRUCTION IN REAL ESTATE 

to be seized or taken in execution without the Consent of 
the mortgagee, his executors, administrators or assigns, to 
such sale, removal or disposal thereof, first had and ob- 
tained in writing; then and in such case it shall and may 
be lawful for the mortgagee, his executor, administrators 
or assigns, with his or their servant or servants, and with 
such other assistant or assistants as he or they may require 
at any time during the day, to enter into and upon any 
lands, tenements, houses and premises wheresoever and 
whatsoever where the said goods and chattels or any part 
thereof may be, and for such persons to break and force 
open any doors, locks, bars, bolts, fastenings, hinges, gates, 
fences, houses, buildings, enclosures and places for the pur- 
pose of taking possession of and removing the said goods 
and chattels ; and upon and from and after the taking pos- 
session of such goods and chattels as aforesaid it shall and 
may be lawful and the mortgagee, his executors, adminis- 
trators or assigns, and each or any or them, is hereby au- 
thorized, and empowered to sell the said goods and chat- 
tels, or any of them or any part thereof, at public auction or 
private sale, as to them or any of them may seem meet; 
And from and out of the proceeds of such sale, in the first 
place to pay and reimburse himself or themselves all such 
sums of money as may then be due by virtue of these pres- 
ents, and all such expenses as may have been incurred by 
the mortgagee, his executors, administrators or assigns, in 
consequence of the default, neglect or failure of the mortga- 
gor, his executors, administrators or assigns, in payment 
of the said sum of money with interest thereon' as above 
m.entioned, or in consequence of such sale or removal as 
above mentioned, and in the next place to pay unto the 
mortgagor his executors, administrators and assigns, all 
such surplus as may remain after such sale and after pay- 
ment of all such sum or sums of money thereon as may be 
due by virtue of these presents at the time of such seizure, 
and after payment of the costs, charges and expenses in- 
curred by such seizure and sale as aforesaid. 

Providing always nevertheless, that it shall not be incum- 



AND FIRE INSURANCE. IOO5 

bent on the mortgagee, his executors, administrators or 
assigns, to sell and dispose of the said goods and chattels, 
but that in case of default of payment of the said sum of 
money, with interest thereon as aforesaid, it shall and may 
be lawful for the mortgagee, his executors, administrators 
or assigns, peaceably and quietly to have, hold, use, occupy, 
possess and enjoy the said goods and chattels without the 
let, molestation, eviction, hindrance or interruption of 
the mortgagor. 

In witness whereof, the said party of the first part here- 
unto sets his hand and seal this day of 

A. D., 19... 

(seal.) 

Witness, 



Ontario, County of To wit 

I, of the mortgagee in the 

foregoing bill of sale, by way of mortgage named, make 

oath and say : That the mortgagor in the foregoing 

bill of sale, by way of mortgage named, is justly and truly 
indebted to the mortgagee therein named in the sum of 

dollars mentioned therein. That the said bill 

of sale, by way of mortgage, was executed in good faith, 
and for the express purpose of securing the payment of 
the money so justly due or accruing due, as aforesaid, and 
not for the purpose of protecting the goods and chattels 
mentioned in the said bill of sale, by way of mortgage, 
against the creditors of the said mortgagor therein named 
or of preventing the creditors of such mortgagor from ob- 
taining payment of any claim against him. 

Sworn before me at the of in the 

county of this day of in the 

year of our Lord, 19. . . 



A commissioner for taking affidavits in H. C. J., etc. 

Ontario, County of To wit : 

I, of the of in the 



I006 INSTRUCTION IN REAL ESTATE 

county of make oath and say : That I was 

personally present and did see the within bill of sale, by 
way of mortgage, duly signed, sealed and delivered by 

the parties thereto, and that I know the said 

parties and that the name . . . set and subscribed as a wit- 
ness thereto is of the proper handwriting of me, this de- 
ponent, that the same was executed at the of 

in the county of on the day of 

A. D., 19. . . And that I am an attesting witness thereto 
of the due execution of the said bill of sale by way of mort- 
gage. 



Sworn before me at the of in the 

county of this day of in the 

year of our Lord, 19. . . 

A commissioner for taking affidavits in H. C. J., etc. 



STATUTE LAW. RELATING TO BILLS OF SALE. 
They are valid between the parties, but cannot operate 
to defeat creditors. Mortgages attended with change of 
possession must be registered within five days from the 
execution and take effect from and after the day and time 
of execution. Every bill of sale of goods not attended Avith 
delivery must be registered within five days from execu- 
tion. Mortgages must be renewed within thirty days be- 
fore the expiration of one year from date of execution. 

BILL OF SALE. 

This indenture made the day of 

in the year of our Lord, one thousand nine hundred and 

.... between of part of 

the first part and of part... of the second 

part. r 

Whereas the said part. . of the first part is possessed of 

the hereinafter set forth tlcscribed and enumerated, 

and have contracted and agreed with the said part. . of the 



AND FIRE INSURANCE. IOO7 

second part for the absolute sale to of the same, 

for the sum of 

Now this indenture witnesseth, that in pursuance of the 

said agreement, and in consideration of the sum of 

of lawful money of Canada, paid, by the said part. . . of 
the second part to the said part... of the first part, at 
or before the sealing- and delivery of these presents, (the 

receipt whereof is hereby acknowledged) the said 

part... of the first part ha... bargained, sold, assigned, 
transferred, and set over, and by these presents do. . bar- 
gain, sell, assign, transfer and set over unto the said part. . 

of the second part executors, administrators and 

assigns. (Describe property.) 

All those the said all Avhich chattels and efifects 

are contained in a dwelling house situate and being 

And all the right, title, interest, property, claim and de- 
mand whatsoever, both at law and in equity, or otherwise 

howsoever, of the said part... of the first 

part of, in, to and out of the same, and every part thereof ; 

To have and to hold the said hereinbefore assigned 

and every of them and every part thereof, with the appur- 
tenances and all the right, title and interest of the said 
part... of the first part thereto and therein, as aforesaid, 
unto and to the use of the said part. . . of the second part, 

executors, administrators and assigns, to and 

for sole and only use forever ; 

And the said part. . . of the first part do. . . hereby, for 
..... .heirs, executors and administrators, covenant, prom- 
ise and agree with the said part... of the second part, 
executors and administrators, in manner follow- 
ing, that is to say : That the said part. . . of 

the first part now rightfully and absolutely pos- 
sessed of and entitled to the said hereby assigned 

and every of them and every part thereof ; and that the 

said part. . . of the first part now ha. . . in good 

right to assign the same unto the said part. . . of the sec- 
ond part, executors, administrators and assigns, 



I008 INSTRUCTION IN REAL ESTATE 

in manner aforesaid, and according to the true Intent and 
meaning of these presents; and that the said part. . . hereto 

of the second part executors, admli^istrators and 

assigns, shall and may from time to time, and at all times 
hereafter, peaceably and quietly, have, hold, possess and 

enjoy the said hereby assigned and every one of them 

and every part thereof, to and for own use and 

benefit, without any manner of hindrance, interruption, 
molestation, claim or demand whatsoever of, from or by 

the said part... of the first part, or any 

person or persons whomsoever ; and that free and clear, and 
freely and absolutely released and discharged, or otherwise, 
at the costs of the said part. . . of the first part, effectually 
indemnified from and against all former and other bar- 
gains, sales, gifts, grants, titles, charges and encumbrances 
whatsoever: 

And moreover that the said part. . . of the 

first part and all persons rightfully claiming or to claim 
any estate, right, title, or interest of, in or to the said here- 
by assigned and every of them, and every part 

thereof, shall and will from time to time and at all times 
hereafter, upon every reasonable request of the said part. . . 

of the second part executors, administrators or 

assigns, but at the cost and charges of the said part... 
of the second part, make, do and execute, or cause or pro- 
cure to be made, done or executed all such further acts, 
deeds and assurances for the more effectually assigning and 

assuring the said hereby assigned unto the said 

part. . . of the second part executors, administra- 
tors or assigns, or his counsel, shall be reasonably 

advised or required. 

In witness whereof, the said parties to these presents 
have hereunto set their hands and seals the day and year 
first above written. 

(Signature and seals.) 



AND FIRE INSURANCE. IOO9 



Signed, sealed and delivered 
in the presence of 



Ontario, County of To wit : 

I, in the foregoing bill of sale named, 

make oath and say: That the sale therein made is bona 

fide, and for good consideration, namely : 

and not for the purpose of holding or enabling me this 

deponent to hold the goods mentioned therein 

against the creditors of the said bargainor. 



(Creditor's signature.) 

Sworn before me, at in the county of 

this day of in the year of Our Lord 19. . . 

A commissioner in B. 

R., in and for 

Ontario, County of To wit : 

I, of the of in the 

county of make oath and say : 

That I was personally present and did see the within 
bill of sale duly sign, sealed and executed by the parties 
thereto ; and that I, this deponent am a subscribing witness 
to the same ; and that the name set and subscribed as a 
witness to the execution thereof is of the proper handwrit- 
ing of me, this deponent; and that the same was executed 

at the of in the county of 

on the day of A. D., 19. . . 



Affiant's signature.) 

Sworn before me at the of in 

the county of this day of 

19... 

A commisssioner for 

tiakng affidavits in the high courts of justice, (or as the 
case may be.) 



lOIO INSTRUCTION IN REAL ESTATE 

STATUTE LAW RELATING TO LANDLORD AND 

TENANT. 

For rent due, personal property while on the premises 
leased, including" stock and growing crops ma}^ be dis- 
trained either before or after the end of the term of lease, 
and goods moved with intent to prevent seizure may be 
followed for thirty days thereafter. 

Where distress is wrongful or illegal, the party ma}^ 
bring action against landlord by writ of summons, where 
he may recover double value of the goods distrained. In 
case between landlord and tenant where a half year rent 
is in arrear, landlord has right by law to re-enter for 
non-payment and recover possession of the premises, and 
serve process therefor Avithout formal demand. Exemp- 
tions of distress are same as goods exempt from seizure 
under execution, except in case of monthly tenancy, where 
such exemption shall only apply to two months ar- 
rears of rent. A tenant claiming benefit of exemption must 
give up possession and landlord may if after serving a 
notice three clear days and possession is not given up, dis- 
train the exempted goods. Surrender of possession determ- 
ines tenancy. Tenant has right of set off against rent due. 
Goods of lodgers and boarders are exempt from seizure 
but such is liable to pay amount of board due at time of 
distress. 

FORM OF NOTICE TO QUIT. 

To M , tenant. 

Take notice that I claim the sum of dollars 

for rent due to me in respect of the premises which you 

hold as my tenant, namely and unless the 

said rent is paid, I demand from you immediate possession 
of the said premises ; and I am ready to leave in your pos- 
session such of your goods and chattels as in that case 
only 3^ou are entitled to exemption for. 



AND FIRE INSURANCE. lOII 

Take notice further, that if you neither pay said rent 
nor give up possession of the said premises within three 
days after the service of this notice I am by law entitled 
to seize and sell, and I intend to seize and sell all your 
goods and chattels, or such part thereof as may be neces- 
sary for the payment of the said rent and costs. 

This notice is given under the Act of the Legislature of 
Ontario respecting the law of Landlord and Tenant. 

Dated this day of A. D., 19 

Landlord. 

LEASE FORM. 

This indenture, made the day of in 

the year one thousand nine hundred and , between A. 

B., of of the first part, and C. D., of 

of the second part, witnesseth : That the said A. B., for 
and in consideration of the yearly rent and covenants here- 
inafter mentioned and reserved, on the part and behalf 
of the said C. D., his executors, administrators and assigns, 
to be paid, kept, and performed, hath demised, granted and 
leased, and by these presents doth demise, grant, and lease, 
unto the said C. D. his executors, administrators, and as- 
signs, all that messuage and lot of ground, situate, lying 

and being in the aforesaid, bounded northward, 

etc., (here describe the premises) together with all and sin- 
gular, buildings and appurtenances thereunto belonging. To 
have and to hold the said messuage and lot of ground, and 
all and singular the premises hereby, demised, with the 
appurtenances, unto the said C. D., his executors, adminis- 
trators, and assigns ; from the day of next 

ensuing the date hereof, for and during the term of 

years thence next ended ; yielding and paying for the same 
unto the said A. B., his executors, administrators, and as- 
signs, the yearly rent or sum of dollars, in four equal 

quarterly payment (or as the case may be) of dollars 

each, the first of which to be made on the day of 

next. 



I0I2 INSTRUCTION IN REAL ESTATE 

And the said C. D., for himself, his heirs, executors, and 
administrators, doth covenant, promise, and agree to and 
with the said A. B., his heirs, executors, administrators, 
and assigns, by these presents, that he, the said C. D., his 
heirs, executors, and administrators, shall and will well and 
truly pay or cause to be paid unto the said A. B., his heirs, 
executors, aministrators, or assigns, the said yearly rent 

of dollars, hereby reserved on the several days and 

times hereinbefore mentioned and appointed for the pay- 
ment thereof, according to the true intent and meaning of 
these presents. And the said A. B., for himself, his heirs, 
executors, and administrators, doth covenant, promise, and 
agree to and with the said C. D., his executors, adminis- 
trators, and assigns, by these presents, that he, the said 
C. D., his executors, administrators and assigns, (paying 
the rent and performing the covenants aforesaid,) shall 
and may peaceably and quietly have, hold, use, occupy, pos- 
sess and enjoy the said demised premises, with the ap- 
purtenances, during the term aforesaid, without the lawful 
let, suit, trouble, eviction, molestation, or interruption of 
the said A. B., his heirs, or assigns, or any other person or 
persons whatsoever. 

And the said lessee hereby waives all his rights to ex- 
emption from seizure by distress given to or which in the 
event of a distress for rent by the said lessor he might or 
could but for this provision claim or be entitled to under 
any statute now or which during this demise shall or may 
be in force relating to exemption from distress and the said 
lessee hereby agrees that the rights and remedies of the 
said lessor for the recovery of the rents hereby reserved 
shall, notwithstanding any thing to the contrary in any 
such statute contained, be as full and extensive as if this 
indenture and the tenancy hereby created had been made 
and created prior to the first day of October, A. D., 1877 
and all such goods and chattels of the said lessee as are by 
the revised statutes of Ontario, 1897, Chapter 170, or any 
other statyte wjiich during thb demise may come into 



AND FIRE INSURANCE. IOI3 

force, declared to be exempt from seizure by distress by a 
landlord for rent shall remain and continue to be liable 
to seizure and sale under distress for the rents hereby re- 
served in all respects the same as if the said revised statutes 
of Ontario, Chapter 170, or such other statutes (if any) 
had never been passed, and it is upon this express under- 
standing and agreement that these presents are entered 
into, and in any action brought by the said lessee in respect 
of a distress upon goods by any statute of Ontario now or 
hereafter during this demise in force declared to be ex- 
empt from seizure this covenant may be replaced ir: 
estoppel against the said lessee. 

Provided also, and it is hereby expressly agreed and un- 
derstood by and between the parties hereto for themselves 
and their respective heirs, executors, administrators and as- 
signs, that if the term hereby granted or any of the goods 
and chattels of the said lessee shall be at any time during 
said term seized or taken in execution or attachment by 
any creditor of the said lessee, or if the said lessee shall 
make any chattel mortgage or bill of sale of any of his 
crops or other goods and chattels, or any assignment for 
the benefit of creditors, or becoming bankrupt or insolvent, 
shall take the benefit of any act that may be in force for 
bankrupt or insolvent debtors, or shall attempt to abandon 
said premises, or to sell and dispose of his farm stock 
and implements, so that there would not, in the event of 
such sale or disposal, be a sufficient distress an said prem- 
ises for the then accruing rent, then, and in every such case, 

the then current and next ensuing years' rent and 

the taxes for the then current year (to be reckoned upon 
the rate for the previous year in the case the rate shall not 
have been fixed for the then current year) shall immed- 
iately become due and payable, and the term hereby 
granted shall immediately become forfeited and void and 
in every of the above cases such taxes or accrued portion 
thereof shall be recoverable by the said lessor in the same 
manner as the rent hereby reserved. 



IOI4 INSTRUCTION IN REAL ESTATE 

Witness the hands and seals of the said parties the day 
and year first al)ove written. 

A. B.(seal.) 
C D. (seal.) 
Signed, sealed and de- 
livered in presence of 
E. F. 
Cx. H. 

EXEMPTION AND HOMESTEAD LAWS. 
As against debts, real and personal, the bed, bedding, etc., 
and all articles of domestic use in trade are exempt from 
seizure, but such articles shall not exceed $150 in value. 
All fuel, meat^ fish, flour, etc., for family use for thirty 
days not exceeding the sum of $40 is exempt from seizure. 
Also cows, sheep, hogs and hens, not exceeding the value 
of $75 and food therefor for thirty days, are exempt, as is 
also one dog, tools and implements of or chattels ordinar- 
ily used in the debtor's occupation to the value of $100. 
Debtor may in lieu of tools and implements elect to take 
proceeds of the sale thereof to $100 and also has a right 
to select out of any larger number the several chattels ex- 
empt from seizure. 

STATUTE LAW RELATING TO FENCES. 
Owners of occupied adjoining lands are bound to put up 
and repair just proportion of the fence which marks the 
boundary between them. In case of dispute notify fence 
viewer of the locality and if fence viewers are objected to, 
judge shall appoint other fence viewers. Viewers have 
power to enter upon land, employ a surveyor and make 
award, which award may be enforced by legal process and 
become a charge on the land. Appeal may be had to the 
county judge and his decision is final. 

STATUTE LAWS RELATING TO LIMITATIONS. 

Actions for rent upon an indenture or demise. Actions 
upon a bond or other specialty except the covenants con- 



AND FIRE INSURANCE. IOI5 

tained in any indenture of mortgage made on or after the 
first day of July, 1894, and actions upon any recognizance 
must be commenced within twenty years after the cause 
of action arose. Actions upon any award where the sub- 
mission is not by specialty, actions for. an escape, and ac- 
tions for money levied on executions, within six years after 
the cause of action arose. 

Actions for penalties, damage or sums of money given 
to the party agreed by any statute, within two years after 
the cause *of such -actions arose. Actions upon any coven- 
ant contained in indenture of mortgage made on or after 
July 1st, 1894, within ten years. 

DECEDENT'S DEBTS. 
The debts are to paid according to the following order 
of preference : In case of a deficiency of assets debts due 
to the crown and debts to others including therein re- 
spectively, debts by judgment or order and other debts 
of record, simple contract debts and claims for damage 
as allowed by statute shall be payable without any order 
of preference or priority. This however shall not apply to 
any lien existing during the lifetime of the debtor on any 
of his real or personal estate, including mortgages and 
arrears of rent. Where a claim has been filed with the ex- 
ecutor of an estate and the same is disputed, it is the duty 
of the executor. to notify the creditors in writing that such 
claim is disputed when action must be brought within six 
months after the notice is given. 

DISTRIBUTION OF PROPERTY AVHEN NO WILL 

IS LEFT. 

A decedent's estate not disposed of by will or limited by 
marriage settlement, after payment of debts and legal 
charges for settling, vests as follows : 

Realty descends to personal representativ^es, whether the 
deceased died intestate or testate, in case of intestacy to be 
distributed in the same way as personal estate, subject 
to the following modifications : A widow is entitled to 



IOl6 INSTRUCTION IN REAL ESTATE 

elect whether she will take dower or a distributive share 
of her deceased husband's real estate. Where an intestate 
leaves a widow and no issue the widow has a prior claim 
on both real and personal estate for the sum of $i,ooo. 

A husband entitled to curtesy may, by deed executed 
within six calendar months of his wife's death, elect to take 
curtesy in lieu of a distributing- share. 

The father, mother, brothers and sisters of an intestate 
dying without issue are to share equally in real and per- 
sonal estate to the exclusions of grandfather and grand- 
mother and the children of any deceased brothers and sis- 
ters ; unless real estate be disposed of or conveyed by an 
administrator within twelve months after decease of the 
testator of intestate, it will vest in the beneficiaries unless a 
caution is registered by personal representatives. 

Where the intestate dies leaving personal estate, and 
wife and child or children, one-third passes to the wife, the 
rest to the child or children; if children are dead then to 
their lineal descendants. 

Where wife only, $i,ooo and half of residue; rest to next 
of kin in equal degrees to intestate. No Avife or child, all 
to the next of kin and to their legal representatives. - • 

Wife and father, half to wife and half to father. 

Father and mother, equally to both. Husband and child 
or children, one-third to husband and balance to children. 
Brothers and sisters of the half blood rank equally with 
those of the whole blood as well as posthumous brother 
or sister. 

The separate personal property of a married woman 
dying intestate shall be distributed in the same proportion 
between her husband and children as the personal property 
of a husband dying intestate is to be distributed between 
his wife and children, and if there be no wife and children 
living at the death of the wife so dying intestate, then such 
property to pass or be distributed as if that act had not 
passed. 

Descendants of intestates take per stirpes. 



AND FIRE INSURANCE. IOI7 

Descendants and relatives of an intestate begotten be- 
fore his death but born after, take as if born in his lifetime. 
Nothing above set forth prevents an intestate in his life- 
time advancing to a child part or all of his or her share. 

The foregoing does not apply to illegitimates. 

DISTRIBUTION OF PROPERTY BY WILL. 

Every person of sound mind 21 years old may dispose 
cf his or her real or personal estate by w^ill in writing, 
which, unless the person making the same shall be pre- 
vented by the extremity of his last sickness, shall be signed 
at the end thereof by himself or by some person in his pres- 
ence by his express direction. The will must be proved 
by the oaths or affirmations of two or more competent wit- 
nesses. If there are nO subscribing witnesses, proof of 
the testator's signature by witnesses who are acquainted 
therewith will be sufficient. A testator may sign by mak- 
ing his sign or cross. Growing crops in lands held by a 
widow in dower or by other life tenant may be disposed of 
by will as other personalty, also rents and other periodical 
payments accrued to a life tenant or to any person entitled 
under laws regulating the descent and partition of real 
estate. 

Personal estate may be bequeathed by nuncupative will 
made during the last sickness in the testator's habitation 
or dwelling or where he has resided for ten days or more 
next before the making of such will, also in case he be sur- 
prised by sickness while aAvay from his own house and shall 
die before returning thereto, but where the sum or value 
so bequeathed exceeds $100 it shall be proved that the tes- 
tator at the time of pronouncing the bequest did bid the 
persons present or some of them to bear witness that such 
was his will or to that efifect; and in all cases the fore- 
going requisites shall be proved by two or more witnesses 
Avho were present at the making of the will. 

A devise of real estate to a person without referring to 
his heirs or using words of inheritance or perpetuity passes 



10l8 INSTRUCTION IN REAL ESTATE 

all the estate of the testator therein, unless a contrary in- 
tent appears. The real estate acquired by a testator after 
making his will shall pass by a general devise, unless a 
contrary intention be manifest on the face of the will. If 
there be a devise or legacy in favor of a child or other lineal 
descendant, or where there is no lineal descendant, in favor 
of a brother or sister or the children of a. deceased brother 
or sister, it shall not lapse or become void by reason of the 
devisee or legatee dying in the lifetime of the testator, pro- 
vided such devisee or legatee leave issue surviving the tes- 
tator, and in such case the issue Avill take the devise or 
legacy. If any person make a last Avill and testament, and 
afterwards marry and have a child, or child not provided 
for in such will, and die, such widow or child shall share 
in the estate as if no will had been -made whether such child 
be born before or after his death. If a single woman make 
a will and marry, it is thereby revoked. A husband may 
take what is given him under a wife's will, or he may take 
the same interest in her estate, real and personal, that 
would be allowed a widow under the intestate laws, or he 
may take alone a life interest in the whole of her realty. 
No real or personal property shall be bequeathed, devised 
or conveyed unless for a valuable consideration, for relig- 
ious or charitable uses, except by deed or will attested 
by two creditable disinterested witnesses at least one cal- 
endar month before the decease of the testator or grantor. 
Wills take efifect as if executed immediately before the tes- 
tator's death, unless a contrary intent appear. 

The probate or refusal of probate of a will if not con- 
tested is conclusive as to real estate. 

LAW CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE PROVINCE. 

Acknowledgments made out of the Province of Ontario 
of deeds, mortgages and other instruments concerning land 
may be made before a notary public at the place where the 
same is executed, or before a commissioner of the H. C. J. 



AND FIRE INSURANCE. lOIQ 

duly appointed to administer oaths out of the Province of 
Ontario for use therein. 

QUEBEC 
STATUTE LAW RELATING TO DEEDS. 
If a deed be not recorded within 30 days from its date 
'<x subsequent purchaser or mortgagee for vahie, not know- 
ing of the previous transfer will have preference to the first 
purchaser, if his deed be first recorded. Deeds must be 
made in authentic form, except in those parts of the prov- 
ince where the land is held in free and common socage, 
where they may be made before two witnesses, one of 
which witness must make affidavit that he saw parties sign 
the deed before it can be registered. 

STATUTE LAW RELATING TO MARRIED 
WOMEN. 

Unless otherwise settled by anti-nuptial contract com- 
munity of property exists between the consorts. The hus- 
band is the sole administrator of the communit}^ All 
moveable property owned by the contracting parties at 
the time of marriage and all immoveable property acquired 
after, enter the community. Real Estate owned by the 
parties at the time of marriage or acquired by them after 
by succession or equivalent title does not enter the com- 
niunit}^ The husband manages the private property of the 
wife but cannot sell or mortgage it. The wife cannot dis- 
pose of her property without the consent of her husband 
except by the authorization of the court where the husband 
refuses his consent. The wife's private property is not 
liable for the debts of the community. Consorts cannot 
trade wdth one another nor in any way benefit the other 
financially during marriage. 

In case the husband dissipates the property of the com- 
munity the wife may sue for and obtain a division of the 
property, real and personal, after which the wife's half 
will not be liable for the community debts contracted after 
the division. 



I020 INSTRUCTION IN REAL ESTATE 

For the cause of adultery, desertion or gross abuse either 
consort may obtain a separation from bed and board which 
carries with it a division of the property. 

WARRANTY DEED. 

On this day of in the year of our Lord 

one thousand nine hundred before the 

undersigned notary public residing and practising in the 
city and district of Montreal : 

Appeared : Who ha. . hereby sold and con- 
veyed with legal warranty... unto present and 

accepting the following immovable property, namely 

Title. The vendor acquired the said property 

Tenure. The above property is held under the tenure of 
franc alien roturier the same having been commuted. 

Matrimonial status 

Possessions and conditions. — The purchaser shall have the 
immediate possession of said property, under the follow- 
ing conditions : 

1. To take the said property in its present condition, and 
to maintain all active and passive servitudes attached there- 
to. 

2. To pay all assessments and rates that may be miposed 
on the said property from' 

3. To respect the leases for the time they have to run, the 
purchaser to collect the rent from 

4. To pay the costs of this deed, registration and copy 
with a certificate of registration thereon for the vendor. 

Price. — The present sale is made for the sum of , 

Vendor's privilege. — As security for the due and faithful 
payment of the balance of consideration money and inter- 
est, the said property is hereby hypothecated in favor of 
the said vendor. . . with special privilege. . . 

Insurance. And as an additional security for such pay- 
ment, the said purchaser. . . promises and binds himself to 
insure and keep insured against loss by fire with an insur- 
ance company, approved by the vendor, the building 



AND FIRE INSURANCE. I02I 

erected on the said land, for a sum not less than , 

the balance due under the present deed of sale, and to trans- 
fer the policy of such insurance and the indemnity which 
may become due thereunder to the said vendor... and 
also to deliver to the said vendor. . . the receipts for the 
renewal of said insurance twenty-four hours before the 
expiry of the said insurance. In default whereof the said 
vendor will have the right to insure at the expense of the 
purchaser, and to recover from . . ., the amount ex- 
pended in so doing. 

Done and passed at the city of Montreal, under the num- 
ber one thousand hundred and 

After due reading, hereof, the parties have signed with 
us said notary. 



MORTGAGE FORM. 

On this day of in the year of our Lord 

one thousand nine hundred before the 

undersigned notary public residing and practising in the 
city and district of Montreal. 

In pursuance of the act respecting short forms of mort- 
gages, appeared of hereinafter 

called the mortgagor, of the first part, and of 

hereinafter called the mortgagee, of the sec- 
ond part. 

Witnesseth that in consideration of dollars of 

lawful money of Canada, now paid by the said mortgagee 
to the said mortgagor, the receipt whereby is hereby ack- 
nowledged, the said mortgagor doth grant and mortgage 
unto the said mortgagee, his heirs and assigns forever all 
(here insert parcels and descriptions thereof.) 

Provided : this mortgage to be void on payment of 

dollars of lawful money of Canada with interest at 

per cent, as follows : and taxes and perform- 
ance of statute labor. 



1022 INSTRUCTION IN REAL ESTATE 

The said mortgagor covenants with the said mortgagee': 
That the mortgagor will pay the mortgage money and in- 
terest and observe the above proviso ; that the mortgagor 
has a good title in fee simple to the said lands and that he 
has the right to convey the said lands to the said mortga- 
gee ; and that on default, the mortgagee shall 'have quiet 
possession of the said lands free from incumbrances and 
that the said mortgagor will execute such further assur- 
ances of the said lands as may be requisite : And that the 
said mortgagor has done no act to encumber the said lands ; 
and that the said mortgagor will insure and keep insured 
the buildings on the said lands to the amount of not less 

than dollars currency ; provided, that until default 

of payment the mortgagor shall have quiet possession of 
the said lands. 

In witness whereof the parties hereto have hereunto 
set their hands and seals the day and year first above writ- 
ten. 

(seal.) 

. (seal.) 

Signed, sealed and deliv- 
ered in the presence of 



ACQUITTANCE OF MORTGAGE. 

On this day of the month of in the 

year of our Lord one thousand 

Before the undersigned notary, in. and for the 

province of Quebec, residing and practising in the 

personally came and appeared named in cer- 
tain deed of passed before no- 
tary, on the day of the month of in the year of 

our Lord one thousand 

Which said do. . . hereby ackriowlcdge and 

confess to have and received at the execution 

thereof, and froni the above named of all which 



AND FIRE INSURANCE. IO23 

a full, general and final discharge and acquittance is hereby 
given and granted ; the said hereby request- 
ing that all registrations to secure the mortgage created 

by the above mentioned deed of be discharged as 

of right 



Done and passed, at under the number 

thousand hundred 



CHATTEL MORTGAGES. 
No personal property may be mortgaged except vessels 
in the course of construction. Movable property may, 
however, be pledged by being placed in the hands of a cred- 
itor as security. 

BILL OF SALE. 

This indenture made ...... the day of 

in the year of our Lord, one thousand and nine hundred 

and between of part ... of 

the first part and of part. . . of the 

second pc.rt. 

Whereas the said part, of the first part is possessed of 
the hereinafter set forth, described and enumerated, and 
have contracted and agreed with the said part... of the 

second part for the absolute sale to of the same, 

for the sum of 

Now this indenture witnesseth, that in pursuance of the 

said agreement and in consideration of the sum of 

of lawful money of Canada, paid by the said part. . . of 
the second part to the said part. . . of the first part, at or 
before the ensealing and delivery of these presents, (tht 

receipt whereof is hereby acknowledged) the said 

part... of the first part ha... bargained, sold, assigned 

transferred, and set over, and by these presents do 

bargain, sell, assign, transfer and set over unto the said 
part... of the second part, executors, adminis- 
trators and assigns.... 



I024 INSTRUCTION IN REAL ESTATE 

All those the said all which said chattels and 

effects are contained in a dwelling house situate and being 



And all the right, title, interest, property, claim and de- 
mand whatsoever, both at law and in equity, or otherwise 

howsoever, of the said part. . . of the first' part 

of, in to and out of the same, and every party thereof; 

To have and to hold the said hereinbefore assigned... 
and every one of them and every part thereof, with the ap- 
purtenances and all the right, title, and interest of the said 
part. . . of the first part thereto and therein, as aforesaid, 
unto and to the use of the said part. . . of the second part 

executors, administrators and assigns, to and 

for sole and only use forever ; 

And the said part. . . of the first part do. . . hereby, for 

heirs, executors and administrators, covenant, 

promise and agree with the said part... of the second 
part, heirs, executors and administrators, in man- 
ner following, that is to say : That the said 

part... of the first part now rightfully and ab- 
solutely possessed of and entitled to the said hereby as- 
signed and every of them and every part now 

ha. . . in good right to assign the same unto the 

said part.' . . of the second part, executors, admin- 
istrators and assigns, in manner aforesaid, and according 
to the true intent and meaning of these presents ; and that 
the said part. . . hereto of the second part exec- 
utors, administrators and assigns, shall and may from time 
to time, and at all times hereafter peaceably and quietly, 
have, hold, possess and enjoy the said hereby assigned .... 

and every of them and every part thereof, to and for 

own use and benefit without any manner of hindrance, in- 
terruption, molestation, claim or demand whatsoever of, 

from or by the said part. . . of the first part, or 

any person or persons whomsoever; and that free and clear, 
and freely and absolutely released and discharged, or other- 
wise, at the costs of the said part. . . of the first part, effec- 



AND FIRE INSURANCE. IO25 

tually indemnified from and against all former and other 
bargains, sales, gifts, grants, titles, charges, and encum- 
brances whatsoever. 

And moreover that the said part ... of the 

first part and all persons rightfully claimin-g- or to claim 
any estate, right, title or interest of, in or to the said hereby 

assigned and every of them, and every part 

thereof, shall and will from time to time and at all times 
hereafter, upon every reasonable request of the said part. . . 

of the second part, executors, administrators or 

assigns, but at the cost and charges of the said part... 
of the second part, make, do and execute, or cause or pro- 
cure to be made, done and executed all such further acts, 
deeds and assurances for the more effiectually assigning 

and assuring the said hereby assigned unto the 

said part. . . of the second part, executors, admin- 
istrators or assigns, or his counsel, shall be rea- 
sonably advised or required. 

In witness wdiereof, the said parties to these presents 
have hei*eunto set their hands and seals the day and year 
first above written. 

(Signature and seals.) 

Signed, sealed and delivered in the presence of 



(Witness sign.) 



STATUTE LAW RELATING TO LANDLORD AND 

TENANT. 

The lessor has for the payment of his rent and other obli- 
gations of the lease, a privileged right upon the movable" 
effects which arc found upon the property leased. Prop- 
erty removed may be followed and seized within eight 
days. 



I026 INSTRUCTION IN REAL ESTATE 

Suits between lessor and lessee are summary, and seiz- 
ure can be made before judgment. 

Landlord may have the lease set aside for breach of its 
provisions. 

FORM OF LEASE. 

On this day, the of in the year one thou- 
sand nine hundred and before the under- 
signed, notary public, in and for the province of Quebec, 
residing and practising in the personally ap- 
peared 

Who declared to have let and leased, and by these pres- 
ents does let and lease and promise to procure peaceable 

enjoyment unto present and excepting 

during, until the full end and term of to be ac- 
counted and reckoned on and from the day of the 

month of With the whole said lessee 

is content and satisfied having seen and view^ed the same. 

The present lease is thus made for and in consideration 

of the sum of current money of Canada, per 

during the said term, which the said lessee 

does hereby covenant, promises, agrees and binds and 
obliges himself to well and truly pay, or cause to be paid to 
the lessor at his residence, or his legal representatives"; in 

and by even, equal consecutive payments of 

each ; the first payment whereof to become due and pay- 
able on the day of now next ensuing, and 

thus to continue as aforesaid during all the said term and 
in further consideration, that the lessee shall and does here- 
by promise and agree and bind and oblige himself to pay 
the school tax, the water tax, the yearly assessment of 
leased premises and every other tax, charge and burden 
which may be imposed or levied thereon, during the said 
term, and further, that the lessee shall furnish the leased 
premises with a sufficient (puintity of household furniture 
ur goods to secure the payment of one year's rent, keep the 
premises in repairs, reparations locatives, during the said 



AND FIRE INSURANCE. IO27 

term, and deliver the same, at the expiration of the present 
lease, in as good order, state and condition as the same may 
be found in at the commencement of the same, reasonable 
wear and tear and accidents by fire excepted. 

It is expressly agreed by and between 'the parties, that 
the lessee shall not transfer his right in the present lease, 
or sub-iet any part or portion of the above rented premises 
without the consent, in writing of the said lessor or his 
representatives. 

The lessee shall not make any alteration in the leased 
premises without the consent of the lessor. . . or repre- 
sentatives. 

Should any grosses reparations be deemed necessary in 
the leased premises the lessee shall permit the same to be 
performed Avithout pretending or demanding any reduc- 
tion in the rent, damages, interest or compensation ; pro- 
vided always that the repairs be indespensable and be fin- 
ished within a reasonable time. 

x^Vll the water and drain pipes, heating apparatus, water 
closets, sinks and bath and the accessories thereof in said 
premises shall be protected by the lessee from frost during 
winter and kept at all times free from any uncleanness or 
obstructions that might prevent free working of the same ; 
and any repairs needful or expedient to keep them in 
perfect working order shall be born by the lessee without 
any recourse against the lessor during the term of the pres- 
ent lease on pain of cost of damage. 

The lessee binds himself also to clean, at his expense 
the outside privy belonging to the said premises, when- 
ever it is required to be done by municipal authority and 
to deliver up the same empty and clean at the expiration 
of the present lease, on pain of cost and expenses. 

The lessee obliges himself to pay the cost of the present 
lease with a copy thereon for the lessor. 

Done, and ])assed, at the said in the office of 

the undersigned notary under the numl^er 

thousand hundred and on the day, month 



1028 INSTRUCTION IN REAL ESTATE 

and year first above written, and signed by the said parties 

hereto with and in the presence of the notary, these 

presents having been first read according to law. 



EXEMPTION AND HOMESTEAD LAWS. 

There are no homestead laws. Certain movable prop- 
erty in ordinary use by debtor and his family can be with- 
drawn from seizure, also certain live stock, books of trade 
to value of $200, tools of trade to value of $200. 

Wages and salaries may be seized after judgment with 
the exception of that of employees of dominion govern- 
ment, ministers, etc., teachers and professors and pay of 
army and navy. 

Wages are subject to seizure to the extent of one-fifth 
if wages do not exceed $3.00 per day. One-quarter if wages 
do exceed $3.00 per day, but do not exceed $6. One-third 
if wages do exceed $6.00 per day. 

STATUTE LAW RELATING TO FENCES. 
Every proprietor may oblige his neighbor to make in 
equal portions or at common expense, between their re- 
spective lands, a fence or other sufficient kind of separa- 
tion according to the custom, the regulation and situation 
of the locality. 

STATUTE LAWS RELATING TO LIMITATIONS. 

Limitation under Quebec law is called prescription. 

Ownership of real property is prescribed by open, peace- 
able and public possession as proprietor for thirty years. 

He who acquires a corporeal immovable in good faith 
under a translatory title prescribes the ownership thereof 
and li1)cralcs himself from the scrxitudcs, charges and hy- 
pothics upon it, by an effective procession in virtue of 
such title during ten years. 



AND FIRE INSURANCE. IO29 

A possessor in good faith of a corporeal movable becomes 
owner by prescription of three years reckoning from the 
loss of possession by the owner. 

DECEDENT'S DEBTS. 
The order of payment from personal property is as fol- 
lows : I. Law^ costs and advertising expenses incurred for 
the benefit of the mass of creditors. 2. Titles. 3. Claims 
of the vendor. 4. Pledges. 5. Funeral expenses. 6. Ex- 
penses of last illness. 7. Municipal taxes. 8. Twelve 
month's arrears of rent of current year. 9. Servant's 
wages, sums due for supplies of provisions. 10. Sums due 
to the crown. From real estate : i. Law costs. 2. Funer- 
al expenses. 3. Expense of last illness. 4. Expense of 
tilling and sowing. 5. Assessments and rates. 6. Seigni- 
oral dues. 7. Builder. 8. The vendor. 9. Servant's 
wages. 10. Judgments, mortgages, etc., in order of their 
registration. Creditors of estates accepted under benefit of 
inventory must present their claims within two months 
after notice to that efifect is published by the beneficiary 
heir. 



DISTRIBUTION OF PROPERTY WHEN NO WILL 

IS LEFT. 
A decedent's estate not disposed of by will or limited by 
marriage settlement, after payments of debts and legal 
charges for settling, vests as follows : 

1. The widow has a dower consisting of the usufunct of 
one-half of all the real estate owned by the deceased at the 
time of the marriage, or which has accrued to him during 
marriage from ascendants. This usufunct ceases in case of 
second marriage. Consorts are not heirs of each other ex- 
cept Avhen no heir appears within the twelfth degree. 

2. Children share equally to the exclusion of other heirs. 
If grandchildren alone, or if other descendants of any one 
degree of consanguinity alone take the estate, all share 



1030 INSTRUCTION IN REAL ESTATE 

equally (per capita). If the descendants are of different de- 
grees of consanguinity, to the intestate, they - share per 
stirpes, that is, the. issue of a deceased child, grandchild, or 
other descendant taking the share the parent would if liv- 
ing. 

3. In default of issue, subject to the rights of the widow 
one-half goes to the deceased person's father and mother 
(or to one if the other be dead) the other half to the bro- 
thers and sisters and nephews and nieces in the first 
degree. 

4. Subject to the above, the brothers and sisters of the 
whole blood shall take the estate in equal shares, the chil- 
dren of a deceased brother or sister, nephew or niece, tak- 
ing the share of their parent. If there be no brothers or 
sisters but nephews and nieces of the whole blood they 
shall share per capita. 

5. If the deceased leaves no issue, nor brothers or sisters, 
nor nephews nor nieces of the first degree, nor father or 
mother, but only other ascendants, the latter succeed to him 
to the exclusion of all other heirs, one-half going to the 
descendants of the paternal line ; the other half to those of 
the maternal line, the ascendant of the nearest "degree takes 
the half accruing to his line to the exclusion of all others. 
If there be only ascendants of one line the share belong- 
ing to the other line will go to the collateral heirs. 

6. In default of all persons above described, the real and 
personal estate will go to the next of kin, but children of 
deceased uncles and aunts shall take the share of their par- 
ents, as likewise will brothers' and sisters' grandchildren 
where their parents and grandparents are dead, and if such 
kin be one or more than one grandparent and there be liv- 
ing at the intestate's death descendants of a deceased 
grandparent, such descendants of the deceased grandpar- 
ent shall take his or her share of the real and personal 
property, in e(|ual ])arts if they all be of the same (le;:^ree of 
consanguinity to the grandparent ; and if not, then per 
stirpes. 



AND FIRE INSURANCE. IO3I 

7. Notwithstanding- the above, if the real estate became 
vested in the intestate by decent, gift or devise from an 
ancestor or other relation, such real estate shall pass to 
the blood of such ancestor or other relation only. 

8. Realty and personalty, in default of known heirs of 
kindred to the twelfth degree go to the widow or surviv- 
ing husband, or, in default of these also, it escheats to the 
crown, who must make an authentic inventory of the whole 
estate and be prepared to account for same should an heir 
appear. 

Descendants and relatives of an intestate begotten before 
his death but born after, take as if born in his lifetime. 
Nothing above set forth prevents an intestate in his life 
time advancing to a child part or all of his or her share. 

The foregoing does not apply to illegitimates but an 
illegitimate child takes and is knowni by the name of its 
mother. 

DISTRIBUTION OF PROPERTY BY WILL. 

Every person of sound mind 21 years old may dispose of 
his or her real or personal estate by will in writing, signed 
at the end thereof by himself. 

Wills may be made in authentic fcrm before a notary, or 
before two subscribing witnesses, o." they may be holo- 
graph, that is, entirely written and signed by the testator. 
No formal wording is necessary. The authentic will does 
not require probating. The other tw^o must be probated 
before the court or judge. Nuncupative wills are not valid 
except when made by sailors at sea or soldiers in the line 
of battle and then only when the testator dies before he 
has an opportunity of making a will in one of the other 
forms. 

There is an absolute freedom of willing. A testator may 
dispose of any or all of his property in any way or for 
whatever purpose he may see fit, except for illegal or im- 
moral purposes. 

If a donee under a will dies before the testator the legacy 
lapses. 



1032 INSTRUCTION IN REAL ESTATE 

LAW CONCERNING ACKNOWLEDGMENTS 
TAKEN OUTSIDE THE PROVINCE. 

Acknowledgments made outside of the province, of 
deeds, mortgages, discharges, etc., concerning real estate 
for recording in the province of Quebec : 

If made in any other British possession, execution may 
be proved by affidavit sworn to before the mayor of the 
place, chief justice or a judge of supreme court, or before a 
commissioner authorized to take affidavits to be used in 
the courts of the province of Quebec. 

If executed in a foreign country affidavit may be sworn 
to before any minister or charge d'affairs, or consul of his 
majesty in such foreign state. 

ALBERTA AND SASKATCHEWAN. 
STATUTE LAW RELATING TO DEEDS. 

All instruments relating to land under "the land titles 
act,, 1894", are registered, and take privity according to the 
time of registration, and take effect upon registration. 

The owner of land for which a certificate of title has not 
issued may apply in writing to have his title registered. 
The application, Avhich may be made by'the owner or his 
agent, must be in writing, in a prescribed form, verified by 
a proper affidavit and must be accompanied by all deeds 
in possession of the applicant, and a certificate from the 
sheriff of the judicial district in which the land is situated, 
showing that there are no executions in his hands against 
the applicant's lands. If the applicant has a good title, a 
certificate of title issues, subject to such mortgages, en- 
cumbrances and leases as are of record at the time of record 
at the time of application, and a duplicate certificate of title 
is delivered to the owner. When the registrator entertains 
any doubt as to the title, he refers the application to a judge, 
who determines the applicant's title. 

Land mentioned in any certificate of title is subject by 



AND FIRE INSURANCE. IO33 

implication to: i. Aii}^ reservation contained in the orig- 
inal grant from the crown. 2. Any taxes. 3. Any public 
l.'ighway or other public easement. 4. Any lease or agree- 
ment for lease for a period not exceeding three years, when 
there is actual occupation under the same. 5. Any decrees 
or executions which have been registered and kept in force 
against the owner. 6. Any right of expropriation which 
may, by statute of ordinance, be vested in any person, 
body corporate, or her majesty. 

A certificate of title is conclusive evidence of title. 
Trusts, express, implied or constructive, are not recognized, 
but trustees are deemed to be absolute and beneficial 
owners. 

Transfer of land is effected by execution of a prescribed 
form. Upon registration of the transfer and production 
of duplicate, certificate of title issues to the transferee, and 
the certificate of title of the transferror is cancelled either 
wholly or in part, as the case may be ; if only partially, it 
is thereupon returned to the transferror. In every instru- 
ment transferring land, for which a certificate of title has 
issued, subject to mortg-age or incumbrance there is im- 
plied a covenant by the transferee to satisfy the mortgage 
or incumbrance. 

Land goes to the personal representative of the deceased 
in the same manner as personal estate, and is dealt with 
and distributed as personal estate. 

Words of limitation such as "heirs" are necessary in an 
instrument transferring land, but such instrument, unless 
it expresses a contrary intention, transfers all the right and 
title of the transferror. 

A man may transfer land to his wife, and a woman to 
her husband, without the intervention of a trustee. 

Estate tail is abolished. A devise or limitation which 
would formerly have created an estate tail now transfers 
all the estate or interest of the devisor or transferror. 



I034 INSTRUCTION IN REAL ESTATE 

STATUTE LAWS RELATING TO MARRIED 
WOMEN. 

A married woman in respect of personal property, is 
under no disabilities, but has, in the respect of the same, 
all the rights, and is subject to all the liabilities, of a single 
woman. 

All wages and personal earnings of a married woman, 
and acc^uisitions therefrom, and all profits of any occupa- 
tion or trade carried on by her, separate from her husband, 
or derived from any literary or artistic skill, and all invest- 
ments of the same, are free from the debts or dispositions 
of her husband, and are held and disposed of by such mar- 
ried woman without her husband's consent, as fully as if 
she were single. No order for the protection of the same 
is necessary. Possession by the husband of the personal 
property of a married woman does not render the same lia- 
ble for his debts. A husband, is not, by reason of marriage, 
liable for the debts of his wife contracted before marriage, 
but the wife and her separate property are liable therefor 
as though she had continued unmarried. Nor is a hus- 
band liable for debts of his wife in respect of her separate 
employment or business, or of her own contracts. A mar- 
ried woman may sue in respect to her separate property as 
though unmarried, and may be sued separately in respect 
of her separate debts, contracts or torts as though unmar- 
ried. 

Married women, in respect of land acquired after January 
1st, 1887, have all the rights and are subject to all the lia- 
bilities, and may, in all respects, deal with the land as 
though unmarried. If she had a certificate of title to land 
issued to her by proper authority Avhile single, she may 
surrender it and secure a new issue in her newly acquired 
name. 

Adultery and desertion by husband or wife debars from 
taking any part of the land of deceased consort. 

Illegitimate children inherit land from the mother, as 
though legitimate, and through the mother, if dead. Where 



AND FIRE INSURANCE, IO35 

an ille^^itimate child dies intestate and without issue, the 
mother inherits the land 

TRANSFER OF LAND UNDER REAL PROPERTY 

ACT. 

I, (insert here name of applicant and his residence, pro- 
fession, trade, or occupation) being registered owner of 
an estate (insert here "in fee simple in possession", or "a 
freeholder in possession for niy life" or otherwise as the 
case may require) sul)ject, however, to such encumbrances, 
liens and interests as are notified by memorandum under- 
writing or endorsed hereon, in all the piece or parcel of 
land known and described as follows : (Insert if applicable, 
"part of", and describe generally the Crown Allotment, or 
otherwise, according to the certificate of title, insert area, if 
the land be part only and a sufficient description to iden- 
tify the land) do hereby, in consideration of the sum of 

$ paid to me by (Insert names in full, 

address and occupation or calling of transferree,) the re- 
ceipt of which sum I hereby acknowledge, transfer to the 

said all my estate and interest in the said piece 

of land. Here state rights of way, privileges, easements, 
if any, intended to be conveyed along wdth the land ; and 
if the land dealt with contains all included in the original 
certificate, refer thereto for description of parcels and dia- 
grams otherwise set forth the Boundaries and accompany- 
ing it by a diagram.) (Mention incumbrance if any.) 

In witness whereof, I have subscribed my name, this. .. 
day of A. D. ... 



Signed on the day above named by said in 

presence of 



Append affidavits. 
Province of Alberta : to wit : 

I of the of in 

the province of make oath and say : 



1036 INSTRUCTION IN REAL ESTATE 

T. That I was present and did see the with- 
in-named transferror execute the within transfer. 

2. That I know the said and that of 

the full age of twenty-one years. 

3. That the said transfer was executed at the 

and that I am a subscribing witness thereto. 



Sworn before me at the of in 

the of this day of 

A. D., 19.... 

A Commissioner in B. R., etc. 
Province of Alberta : to wit : 

1, of the of . in 

the province of make oath and say : to wit : 

T. That I am the within named transferror, and that I am 
of the full age of twenty-one years. 

2. That I am the registered owner of the lands mentioned 
in the within transfer. 



Sworn before me at the of in 

the of this day of 

A. D., 19.... 

A Commissioner in R. B. etc. 

Note. The Torrens system of land transfer prevails. Old 
form of deed is not effective per se except in the few cases 
where land is not bought under the Torrens system. No 
transfer is effective without registration. A deed, if it con- 
forms to requirements of the Land Titles Act as to affi- 
davit of execution, etc., and is duly registered, would be 
effective as a transfer of land. If old form is required use 
the New Brunswick form. 

STATUTE LAW RELATING TO CLIATTEL 
MORTGAGES. 
Every mortgage of goods and chattels which is not ac- 
companied by an immediate delivery, and -an actual change 
of ])osscssion of the things mortgaged, must, within thirty 
days from the execution, be registered, with the affidavit 



AND FIRE INSURANCE. IO37 

of a witness thereto, of the due execution thereof, and with 
an affidavit of the mortgagee, or his agent, stating that 
the mortgagor is justly and truly indebted to the mortga- 
gee in the sum mentioned in the mortgage, that it was exe- 
cuted in good faith, and for the express purpose of securing 
the payment of money justly or securing due, and not for 
the purpose of protecting the goods and chattels therein 
named against the creditors of the mortgagor, or of pre- 
venting the creditors of such mortgagor from obtaining 
payment of any such claim against him. A mortgage to 
secure future advances or to indemnify endorsers etc., 
is valid if duly registered. Every sale of goods not accom- 
panied by an immediate delivery and followed by an actual 
change of possession of the goods, shall be in writing, ac- 
companied by an affidavit or a witness thereto of the due 
execution thereof, and an affidavit of the purchaser, or his 
agent, that the sale is bona fide, and for good consideration 
as set forth, and not for the purpose of holding or enabling 
the purchaser to hold the goods mentioned against any 
creditors of the vendor, and must be* registered within 
thirty days from the execution thereof, otherwise the 
sale is void as against the creditors of the vendor or 
subsequent purchasers of mortgages in good faith. If 
a mortgage or bill of sale and affidavits are not reg- 
istered as above, or if the consideration is not clearly 
expressed, the mortgage or conveyance is null and void 
as against creditors of the mortgagor and subsequent 
purchasers in good faith for value. Every chattel mort- 
gage and bill of sale must contain such sufficient and full 
description of the goods and chattels that the same may be 
readily and easily known and distinguished. Chattel mort- 
gages and bills of sale must be registered in the registra- 
tion district in wdiich the property is at the time of exe- 
cution of the instrument. Every chattel mortgage expires 
at the expiration of two years from the date of registration 
thereof, unless witliin thirty days next preceding the ex- 
piration of such two years, a statement is filed exhibit- 



1038 INSTRUCTION IN REAL ESTATE 

'"rig the interest of the mortgagee in the property, and a 
full statement of the amount still due for principal and 
interest, and of all payments made on account, with an 
affidavit of the mortgagee or his agent, stating that such 
statements are true, and that the mortgage has not been 
kept on foot for any fraudulent purpose. A further renewal 
statement requires to be filed every year after the first re- 
newal Avithin the thirty days next preceding the expiration 
of the year. 

Where mortgaged goods are removed from one regis- 
tration district to another a certified copy of the mortgage 
and affidavits must be filed in the district to which the 
goods are removed, within three weeks from such removal, 
otherwise the goods are liable to seizure and sale under 
execution, and the mortgage is null and void as against 
subsequent purchasers and mortgagees in good faith for 
value. Registration fee, fifty cents. A mortgage or bill 
of sale on a growing crop is void unless given as security 
for the purchase price of seed grain, in which case the affi- 
davit of bona fides' must contain a statement that the mort- 
gage is taken to secure the payment of the purchase price 
of seed grain. The crop must be sown within one year 
from the date of the mortgage. 

CHATTEL MORTGAGE. 
Know all men by these presents, that re- 
siding in the county of state of 

party of the first part, being indebted to re- 
siding in party of the second part, in the sum 

of dollars, which is hereby confessed and ack- 
nowledged, has, for the purpose of securing the payment 
of said debt, granted, bargained, sold and mortgaged, and 
by these presents does grant, bargain, sell and mortgage 
unto the said parly of the first ]~)art, his heirs, ex- 
ecutors, administrators and assigns, all that certain per- 
sonal pr()])erty described as follows, to wit: (Describe it 
and state where it is and in wliose ])ossession), all of wliicli 
])r()perly the party of tlie first ])art covenants is free and 



AND FIRE INSURANCE. IO39 

clear from all liens and encumbrances, (here mention Ex- 
emptions, if any) and the said party of the first part for 
himself, his heirs, executors, and administrators, all and 
singular, the goods, chattels and personal property above 
bargained and sold, unto the said party of the second part, 
his executors, administrators and assigns, against him the 
said party of the first part, and against all and every other 
person or persons, whomsoever, shall and will warrant and 
forever defend. 

To have and to hold, all and singular said goods, and 
chattels, unto the said party of the second part his heirs, 
executors, administrators and assigns, forever; provided, 
rlways and these presents are upon this express condition: 
That if the said party of the first part shall pay or cause to 
be paid unto the said party of the second part his heirs or 
assigns, the sum of dollars, according to the con- 
ditions of two (or as the case may be) certain promissory 

notes, executed by payable to at 

viz. $ dated due 

with interest at . . per cent per annum, until paid (or omit- 
ting all after ''promissory notes" and inserting " of which 
the following are copies" and then insert copies, or if the 
indebtedness is not represented by promissory notes its 
character may be otherwise indicated.) Then these pres- 
ents to be void and of no efifect. 

In case default shall be made in the payment of the said 
sum of money in the said provision mentioned, or of the 
mterest thereon, or any part thereof, or in case the mort- 
gagor shall attempt to sell or dispose of or in any way 
part with the possession of the said goods and chattels, or 
any of them, or to remove the same or any part thereof out 

of the or suffer or permit the same to be seized 

or taken in execution without the consent of the mortga- 
gee his executors, administrators or assigns, to such sale, 
removal or disposal thereof: i)cing first had and obtained in 
writing; then and in such case it shall and may be lawful 
for the mortgagee, his executors administrators or assigns 



1040 INSTRUCTION IN REAL ESTATE 

with his or their servant or servants, and with such other 
assistant or assistants as he or they may require at any 
time during the day, to enter into and upon any lands, ten- 
ements, houses and premises wheresoever and whatsoever 
where the said goods and chattels or any part thereof may 
be, and for such persons to break and force open any doors, 
locks, bars, bolts, fastenings, hinges, gates, fences, houses, 
buildings enclosures and places for the purpose of taking 
possession of and removing the said goods and chattels 
and upon and from and after the taking possession of such 
goods and chattels as aforesaid it shall and may be lawful 
and the mortgagee, his executors, administrators or as- 
signs, and each or any of them, is and are hereby author- 
ized and empowered to sell the said goods and chattels, or 
any of them or part thereof, at public auction or private 
sale, as to them or any of them may seem meet ; and from 
and out of the proceeds of such sale in the first place to pay 
and reimburse himself or themselves all such sums of 
money as may then be due by virtue of these presents, and 
all such expenses as may have been incurred by the mort- 
gagee, his executors, administrators or assigns, in conse- 
quence of the default, neglect or failure of the mortgagor, 
his executors, administrators and assigns, all such surplus 
as may remain after payment of all such sum or sums of 
money thereon as may be due by virtue of these presents 
at the time of such seizure, and after payment of the costs, 
charges, and expenses incurred by such seizure and sale 
aforesaid. 

Providing always nevertheless, that it shall not be in- 
cumbent on the mortgagee, his executors, administrators, 
or assigns, to sell and dispose of the said goods and chat- 
tels, but that in case of default of payment of the said sum 
of money, with interest thereon as aforesaid, it shall and 
may be lawful for the mortgagee, his executors, administra- 
tors, or assigns, peacea1)ly and (|uictly to have, hold, use, oc- 
cupv, possess and enjoy the said goods and chattels without 



AND FIRE INSURANCE. IO4I 

the let, molestation, eviction, hindrance or interruption of .... 
the mortgagor. 

In witness whereof, the said party of the first part hereunto 
sets his hand and seal this .... day of ... .A, D. 19. .. 

(seal.) 

Witness 



Province of County of To wit : 

I, the mortgagee in the foregoing bill of 

sale by way of mortgage named, make oath and say : That 

the mortgagor in the foregoing bill of sale 

by way of mortgage named is justly and truly indebted to 

this deponent the mortgagee therein 

named in the sum of dollars, mentioned therein. 

That the said bill of sale by way of mortgage was exe- 
cuted in good faith and for the express purpose of secur- 
ing the payment of the money so justly due or accruing 
due as aforesaid and not for the purpose of protecting the 
goods and chattels mentioned in said bill of sale by way 
of mortgage against creditors of such mortgagor from ob- 
taining payment of any claim against . .* 



Sworn before me at in the county of 

this day of in the year of our Lord, 19. . . 

A commissioner for taking affidavits in the queen's bench 
in and for the said province of Alberta. 
Province of Alberta, County of To wit : 

I, of the of in the 

county of make oath and say : 

That I was personally present, and did see the within bill 
of sale by way of mortgage duly signed, sealed and de- 
livered by the parties thereto and that 

the name ... set and subscribed as a witness to the execu- 
tion thereof is of the proper handw'riting of me this depon- 
ent and that the same was executed the of 

19. . . in the said county of 



I042 INSTRUCTION IN REAL ESTATE 

Sworn before me at in the county of 

this day of in the year of our Lord, 19. . . 

A commissioner for taking affidavits in the queen's bench 
in and for the said province of Alberta. 

Received this day of the date of this indenture from the 
mortgagee the sum of dollars mentioned. 

Witness : 



BILL OF SALE. 

This indenture made the day of in 

the year of our Lord, one thousand and nine hundred and 

between . of part. . . of the 

first part and of .....' part ... of the sec- 
ond part. 

Whereas the said part. . . of the first part is possessed 
of the hereinafter set forth described and enumer- 
ated, and have contracted and agreed with the said part. . . 

of the second part for the absolute sale to of 

the same, for the sum of 

Now this indenture witnesseth, that in pursuance of the 
said agreement, and in consideration of the sum of ...... 

of lawful money of Canada, paid by the said part. . . of the 
second part to the said part. . . of the first part, at or before 
the sealing and delivery of these presents, (the receipt 

wherefor is herebly acknowledged) the said part. . 

of the first part ha. . . bargained, sold, assigned, transferred 
and set over, and by these presents do. . . bargain, sell, as- 
sign, transfer and set over unto the said part. . . of the sec- 
ond part, executors, administrators arid assigns. . 

(Describe property.) 

All those the said all which said chattels and 

effects are contained in. a dwelling house situate and 
being 

And all the right, title, interest property, claim and de- 
mand whatsoever, both at law and in equity, or otherwise 



AND FIRR TNSUl^ANCE. TO43 

howsoever, of tlie said part. . . of the first part 

of, in, 'to and out of the same, and every part thereof: 

To have and to hold the said hereinbefore assigned 

and every one of them and every part thereof, with the ap- 
purtenances and all the right, title, and interest of the said 
part. . . of the first part thereto and therein, as aforesaid, 
unto and to the use of the said part. . . of the second part 

executors, administrators and assigns, to and for 

sole and only use forever : 

And the said part... of the first part do... hereby for 
heirs, executors and administrators, covenant, prom- 
ise and agree with the said part. . . of the second part, .... 
executors and administrators, in manner following, that is 

to say : That the said part. . . of the first part 

now rightfully and absolutely possessed of and en- 
titled to the said hereby assigned and every of them 

and every part thereof; and that the said part. . . of the first 

part now ha... in good right to assign the same 

unto the said part. . . of the second part executors, 

administrators and assigns, in manner aforesaid, and ac- 
cording to the true intent and meaning of these presents ; 

and that the said part. . . hereto of the second part 

executors, administrators and assigns, shall and may from 
time to time, and at all times hereafter, peaceably and 
quietly, have, hold, possess and enjoy the said hereby as- 
signed and every of them and every part thereof, 

from or by the said part. . . of the first part, or 

any person or persons whomsoever ; and that free and clear, 
and freely and absolutely released and discharged or other- 
wise, at the costs of the said part.. . . of the first part, effec- 
tually indemnified from and against all former and other 
bargains, sales, gifts, grants, titles, charges and encum- 
brances whatsoever: 

And moreover that the said part... of the 

first part and all persons rightfulty claiming or to claim any 
estate, right, title, or interest of, in or to the said hereby 
assigned and every of them, and every part there- 



I044 INST-RUCTTON IN REAL ESTATE 

of, shall and will from time to time and at all times here- 
after, upon every reasonable request of the said part. . . of 
the second part executors, administrators or as- 
signs, but at the cost and charges of the said part. . . of the 
second part, make, do and execute, or cause or procure to 
be made, done and executed all such further acts, deeds and 
assurances for the more effectually assigning and assuring 

the said hereby assigned unto the said part. . . 

of the second part .... executors, administrators or as- 
signs, or his counsel, shall be reasonably advised 

or required. 

In witness whereof, the said parties to these presents 
have hereunto set their hands and seals the day and year 
first above written. 

(Signature and seals.) 



Signed, sealed and delivered 
in the presence of 
Province of Alberta : To wit : 

I, in the foregoing bill of sale named, make oath and say: 
That the sale therein made is bona fide, and for good con- 
sideration, namely : and not for the purpose of hold- 
ing or enabling me this deponent to hold the goods 

mentioned therein ae-ainst the creditors of the vendor. 



( Grantee's signature.) 
Sworn before me, at in the county of 

this day of in the year of our Lord 19. . . 

A commissioner in A 

R., in and for 

Province of Alberta : To wit : 

I, of the of in the 

county of make oath and say : 

That I was personally present and did see the within bill 

of sale duly signed, sealed and executed by the parties 

thereto; antl that I, this deponent am a subscribing wit- 



AND FIRE INSURANCE. 1045 

ness to the same ; and that tlie name set and snhscribed 
as a witness to the execution thereof is of the proper hand- 
writing of me, this deponent ; and that the same was exe-^ 

cnted at the of in the county of 

on the day of A. D., 19. . . 



(Affiant's signature.) 

Sworn before me at the of in the 

county of this day of 19. . . . 

A commissioner for 

taking affidavits in the high courts of justice. (Or as the 
case may be.) 

STATUTE LAW RELATING TO LANDLORD AND 

TENANT. 
Lease for a life or lives, or for more than three years, is 
subject to implied covenants by lessee to pay rent and 
taxes, and to keep and deliver up the premises in good re- 
pair, accidents, damage by fire or tempest, and reasonable 
wear and tear excepted, and to implied powers in lessor to 
enter and view state of repair, and to re-enter and take pos- 
session in case of non-payment of rent for two months, in 
the fulfillment of any covenant, express or implied. The 
lease must be registered and noted upon duplicate certi- 
ficate of title, Avhich must be produced for that purpose. 
A lease, or agreement for lease, for a term of less than 
three years, where there is actual occupation under the 
same, need not be in writing. 

LEASE FORM. 

This indenture made the in pursuance of the 

Leaseholds act, between (parties and their locations.) 

Witnesseth, that the said lessor. . doth demise and lease 
unto the said lessee, his executors, administrators and as- 
signs, all and singular (describe the property) from the 

day of for the term of thence 

ensuing, Yielding therefor, during the said 

term, the rent of 



1046 TNSTRUCTJON IN RFIAL ESTATE 

That the said lessee. . . covenant witli the said lessor. . . 
to pay rent. 

And to pay taxes. 

And to repair. (Reasonable wear and tear and damage 
from fire and tempest alone excepted.) 

And that the said lessor. , . may enter and view state of 
repair, and that the said lessee... will repair according to 
notice. . . 

And will not carry on or allow to be carried on any dan- 
gerous or offensive trade during the said term on said 
premises, and the following business shall be considered 
offensive, viz : 

And will not assign without leave. 

And that he will leave the premises in good repair. 

Proviso for re-entry b}^ the said lessor. . . on non-pay- 
ment of rent or non-performance of covenants. 

The said lessor... covenant with the said lessee... for 
quiet enjoyments 

In witness whereof the parties to these presents have 
hereunto set their hands and seals the day and year first 
above written. 

(seal.) 

(seal.) 

Signed, sealed and delivered 
in presence of 

EXEMPTION AND HOMESTEAD LAWS. 
The only way of obtaining a free homestead is exemp- 
tion and by the "three year system." Entry for the pro- 
posed quarter-section must be made in the land office of 
the district, the fee for which is $10. Actual residence on 
the land for not less than six months in each of the three 
consecutive years, and cultivation of at least fifteen acres, 
are required. Six months' grace is allowed after making 
entry, before going to reside on land. If entry is made 
after August 31, residence need not begin until June i of 
the following year. The residence need not be for six 



AND FIRE INSURANCE. IO47 

continuous months in any year. Settlers who completed 
their homestead duties before June, 1889, are entitled to 
enter for a second homestead. After receiving his recom- 
mendation for a patent, a homesteader has the right to 
purchase from the government one of the quarter-sections 
adjoining his homestead, provided it is vacant, at $2.50 
per acre. He is required to pay one-quarter of the money 
dovv^n, and the balance in three equal instalments v^ith in- 
terest at six per cent. A right of pre-emption may be sold. 
A homestead right cannot be assigned. After a settler 
has received his certificate of recommendation for a patent 
he can assign his land. The assignment must be sent to 
the department of the interior at Ottawa for registration, 
for which a fee of $2.00 is charged. 

The following are exempt from seizure under writs of 
execution: i. The necessary and ordinary clothing of the 
defendant and his family. 2. The furniture, household 
furnishings, dairy utensils, swine and poultry belonging to 
the defendant and his family to the extent of $500. 3. The 
necessary food for the defendant's family during six 
months, which may include grain and flour, or vegetables 
and meat, either prepared for use or on foot. 4. Three 
oxen, horses or mules, or any three of them, six cows, six 
sheep, three pigs, and fifty domestic foAvls, besides the ani- 
mals the defendant may have chosen to keep for food pur- 
poses, and food for same for the months of November, De- 
cember, January, February, March and April, or for such 
of these months or portions thereof as 'may follow the date 
of seizure, provided such seizure be made between the first 
day of August and the thirtieth day of April next ensuing. 
5. The harness necessary for three animals, one wagon or 
two carts, one mower or cradle and scythe, one breaking 
plough, one cross plough, one set harrows, one horse rake, 
one sewing machine, one reaper or binder, one set sleighs 
and one seed drill. 6. The books of a professional man. 7. 
The tools and necessary instruments to the extent of $200. 
used by the defendant in the practice of his trade or pro- 



1048 INSTRUCTION IN REAL ESTATE 

fession. 8. Seed grain sufficient to seed all his land under 
cultivation, not exceeding eighty acres, at the rate of two 
bushels per acre, defendant to have choice of seed, and four- 
teen bushels of potatoes. 9. The homestead of the defend- 
ant, provided the same be not more than one hundred and 
sixty acres ; in case it be more, the surplus may be sold 
subject to any lien or incumbrance thereon. 10. The house 
and buildings occupied by the defendant, and also the lot 
or lots on v^^hich the same are situated, according to the 
registered plan of the same, to the extent of fifteen hundred 
dollars. 

Any article except for the food, clothing and bedding of 
the defendant and his family, the price of which forms the 
subject matter of the judgment upon which execution is- 
sued, is not exempt. 

In case of death, the exemptions may be claimed by the 
Avidow, children, executor, administrator, or other personal 
representative of the deceased. 

STATUTE LAW RELATING TO FENCES. 
A legal fence north of the range of townships numbered 
30, is one four feet six inches high, if it consists : — of rails 
or boards, the lower one not more than one foot from the 
ground, the others not more than six inches apart, except 
the top one, which may be eight inches from the next lower 
rail; of upright parts or boards not more than six inches 
apart ; of barbed wire and a substantial rail on top, the 
wires to be not less than two in number and the lower 
not more than twenty inches from the ground ; of common 
wire and a substantial rail on the top, the wires to be not 
less than four or more than one foot apart. In that por- 
tion of Alberta lying south of townships numbered 47, in 
addition to- any other lawful fence, may use the following: 
Any fence of three or more wires, barbed 01 plain, on posts 
not more than thirty-five feet apart, the wires being 
stapled to droppers not less than five feet in height, two 
inches in width and one and one-half inches in thickness. 



AND FIRE INSURANCE. IO49 

111 Other parts, any substantial fence is legal if it con- 
sists: — of rails or boards not less than four in number, the 
lower not more than eighteen inches from the ground and 
each panel not exceeding twelve feet in length; or of up- 
right posts not more than six inches apart; or they may be 
made of wire as stated above. 

STATUTE LAWS RELATING TO LIMITATIONS. 
Actions on accounts, bills, notes and actions on debt 
grounded upon a contract without specialty, must be com- 
menced within six years after the cause of action arises ; 
actions on contracts under seal within twenty years ; ac- 
tions for recovery of land within twelve years. Judgments 
are outlawed after the expiration of twenty years from re- 
covery. 

DISTRIBUTION OF PROPERTY WHEN NO WILL 

IS LEFT. 
The laws relating to both real and personal property are 
the same. If the intestate leaves a widow and any child or 
children or descendants of any child, the widow shall take 
ct third part. If he leaves no child, nor descendant of any 
child, she shall take one-half. The husband of a married 
woman is entitled to the whole of her effects. If the in- 
testate leaves children, two-thirds of his whole estate, if 
he leaves a widow, or the whole if he leaves no widow, 
shall be equally divided amongst them, or, if but one, to 
such child. If the intestate leaves no children or repre- 
sentatives of them, his father, if living, takes the whole, 
or if the intestate should have left a widow, one-half. If 
the father be dead, the mothers, brothers and sisters of the 
intestate shall take in equal shares, subject to the widow's 
right to one-half, as aforesaid. 

DISTRIBUTION OF PROPERTY BY WILL. 
Every person over the age of 21 years may dispose by 
will of all real and personal property to which he is en- 
titled at the time of his death. A will must be in writing. 



1050 INSTRUCTION IN REAL ESTATE 

signed at the foot or end thereof by the testator, or by some 
other person in his presence, and by his direction ; and such 
signature must be made or acknowledged by the testator 
in the presence of (at least) two witnesses present at the 
same time, who shall attest and subscribe to the will in the 
presence of the testator. A devise to a witness, or to the 
wife or husband of a witness is void, but the witness may 
prove the will, notwithstanding such devise. A will or 
codicil, or part thereof, may be revoked by writing executed 
as above, or by intentional destruction thereof by the tes- 
tator, or by some person in his presence and by his direc- 
tion. A will is construed as though it had been executed 
immediately before the death of the testator. A devise of 
real property without words of limitation is construed to 
pass the fee simple or other whole estate or intent 'of the 
testator in the same. 

Claims against estates of deceas'ed persons may be en- 
forced against the executor or administrator, judgment 
debts having priority over ordinary debts. 



h'S.^.'^^y o"" congress 



029 826 135 2 



